JACKSONVILLE, Fla. — After reporting the story of a 6-year who was reportedly taken out of school and held in a behavioral facility for several nights under the Baker Act, First Coast News is examining the possible psychological impacts of this practice on children.
The Florida Mental Health Act, otherwise known as the Baker Act, was used on over 37,000 children under 18 years old in the fiscal Year 2018/2019. according to a report by the University of South Florida.
“The real issue, in my opinion, is that the Baker Act is supposed to be an intervention of last resort, not first resort," Dr. Stephen Bloomfield, a clinical psychologist, said.
Bloomfield has evaluated people for the use of this law.
“We have to be sure the person has A. a mental illness and B. because of the illness is a danger to themselves or a danger to others. Serious danger," Bloomfield said.
The criteria for the Baker Act is laid out in Florida Statue 394.
Duval County schools' protocol for a Baker Act is as follows:
“Schools contact an external clinician when a student threatens/attempts to harm themselves, and the clinician conducts an assessment to determine if they meet the criteria for a Baker Act”
Law enforcement then transports the child to a behavioral health facility, where they legally can be held for up to 72 hours.
“It's painful for the child, they're traumatized, probably for the rest of their lives. Imagine being 6, 7, or 8-years-old and two police officers come to your school, handcuff you and escort you out in front of all your friends," Bloomfield said.
Bloomfield says it is used too often, especially on children who are intellectually disabled, and often times without guidance from a child’s assigned mental health professional.
He is pushing for reform.
“They need to introduce expanded legislation on the Baker Act for notification of therapists notification of parents," Bloomfield said. "There has to be reform of the juvenile system.”