On Monday, July 1, new guidelines for emergency mental health services in Florida will go into effect, focusing specifically on individuals experiencing a mental health crisis.
part HB7021 Governor Ron DeSantis recently signed amendments to the Baker Act, which currently provides individuals with emergency services and temporary detention for up to 72 hours.
The new law is expected to change the evaluation and acceptance process for individuals, and even children, who meet certain criteria. Parents must also be notified if their child is accepted.
Palm Beach County attorney Mark Astor’s practice focuses on connecting these people to the right services. He said the Baker Act process is traumatic, especially for children, and there’s a lack of follow-up care after release.
“While we specialize in helping families when a loved one has abused drugs and attempts at recovery have failed, the majority of our work is rescuing people who have been unlawfully charged with Baker Act offenses in the state of Florida,” Astor said.
“This is great, but it doesn’t change anything in the real world,” Astor said when asked about the new bill.
The bill would allocate $50 million to the Department of Children and Families for mental health and substance abuse care and ensure those funds are used for post-release services for patients.
That’s something that Eza Allen, a family mental health therapist in South Florida, finds hopeful.
“We’re so happy to see help and funding coming to our field so people can get the help they need,” Allen, of Social Age Counseling, told CBS12 News.
But these experts question the role of law enforcement under the new law, which gives them more discretion to initiate mandatory testing.
“If this law gives them more access, it should also come with training so everyone is safe,” Allen said.
“Law enforcement, who are not clinicians, are exercising clinical judgment and discretion. I think that’s a big mistake. And frankly, I don’t think law enforcement should be able to act alone and punish someone,” Astor added.
The new law also prohibits courts from placing people with developmental disabilities in state facilities.
Attorney Mark Astor stresses the need for oversight to prevent abuse and ensure timely evaluations.
“The idea behind the Baker Act is that you should evaluate someone, stabilize them and then release them. The problem is that it’s very easily abused. It’s very easy to get around the due process requirements of this law, and as a result, people end up locked up there and no one even knows they’re there. That’s where the abuse really begins,” Astor said.
