What is a Baker Act called in New York?

What is a Baker Act called in New York?

Kendra’s Law, effective since November 1999, is a New York State law concerning involuntary outpatient commitment also known as assisted outpatient treatment. It grants judges the authority to issue orders that require people who meet certain criteria to regularly undergo psychiatric treatment.

Can you be involuntarily committed in NY?

Pursuant to New York State Mental Hygiene Law section 9.27, an alleged mentally ill person may be involuntarily committed to a mental health facility if: as a result of his or her mental illness, the person poses a substantial threat of harm to self or others.

What states use Baker Act?

The states are:

• Alaska.
• Arkansas.
• California.
• Colorado.
• Connecticut.
• Delaware.
• District of Columbia.
• Florida.

Can I refuse Baker Act?

YES. The Baker Act requires that all persons “held” in a facility be advised of their right to file a petition for habeas corpus. Since persons are entitled to file a petition for being unjustly denied a right or privilege granted under the law, this may apply to persons on voluntary as well as involuntary status. 10.

How long is a psychiatric hold in New York?

72 hours
The patient may be retained for up to 72 hours to determine if he or she is in need of inpatient care and treatment. The patient must be released at the end of 72 hours unless he or she is admitted as an inpatient pursuant to the provisions of the Mental Hygiene Law pertaining to hospital admissions.

When can you be involuntarily committed?

To be admitted involuntarily under the Act the person must exhibit behaviours which clearly show that they have a mental illness (a long term condition) or that they are currently mentally disordered (short term).

What is it called when someone is involuntarily committed to treatment?

Involuntary commitment, civil commitment, involuntary hospitalization or involuntary hospitalisation (Commonwealth English; see spelling differences), (also known informally as sectioning or being sectioned in some jurisdictions, such as the United Kingdom) is a legal process through which an individual who is deemed …

What happens after 72 hours of Baker Act?

If you are held beyond 72 hours, you have the right to remain in the hospital for voluntary treatment. If you do not want to stay voluntarily, the facility where you are staying will conduct a certification review hearing within four days of the end of your 72-hour hold.

What happens when you Baker Act someone?

Under the Baker Act, the person taken for an involuntary examination will be seen at the nearest mental health receiving facility. Under the Baker Act, the facility will gain custody of the individual but that custody will only last for 72 hours.

What does it mean to be “Baker acted”?

The Baker Act refers to a Florida statute that allows for an individual who is 18 years or older to be either voluntarily or involuntarily committed to a psychiatric facility, on a temporary basis, if he is deemed to be a threat to himself or to others.

Who can Baker Act someone?

The Baker Act is an existing law that provides for temporary institutionalization of individuals who meet certain criteria. It can only be used by specific authorized persons, including judges, mental health professionals, law enforcement personnel, and doctors.

What is Baker Act in New York?

Baker Act of New York State. A Baker Act is a means of providing individuals with emergency services and temporary detention for mental health evaluation and treatment when required, either on a voluntary or an involuntary basis.