Florida/Georgia Personal Injury & Workers Compensation

...is required. It is so ordered. HARDING, C.J., and SHAW, ANSTEAD, LEWIS and QUINCE, JJ., concur. WELLS, J., concurs in result only. NOTES [1] The Florida Mental Health Act, also known as the Baker Act, is found in part I of chapter 394, from sections 394.451 to 394.4789. See § 394.451, Fla....

...sible for ensuring there are adequate adolescent psychiatric care facilities available. On the other hand, Defendant points out that it is only authorized to disburse Medicaid payments for "medically necessary" services. 5 See Fla.Stat. § 394.451 (1994), et seq....

...Appellant's defense was that the medication he was taking, which was prescribed to him during his recent confinement in a mental hospital, had caused him to lose control. Two months prior to the killing, appellant had been committed to a mental health center pursuant to the Baker Act, § 394.451, Florida Statutes (1995), after threatening to kill his parents and himself....

...One of plaintiff's experts testified that defendant was negligent for allowing himself to be dissuaded by plaintiff's father from hospitalizing the plaintiff, and offered as an alternative the opinion that Chacko should have caused plaintiff to be involuntarily hospitalized under the provisions of Florida's Baker Act. See § 394.451 et seq., Fla....

...Although a parent-teacher conference was held to discuss the matter, the School Board denied the request. CP’s behavior and attendance worsened as the school year progressed. In October, CP’s parents requested to have him committed under the Baker Act, Fla. Stat. § 394.451, et seq....

...However, in this case, it is the attorney ad litem, who was appointed for the very purpose of protecting any privilege the minor child might have. Section 61.401, Florida Statutes (2000), clearly distinguishes between guardians ad litem and legal counsel for the child. [2] See § 744.301(1), Fla.Stat. (1999). [3] See § 394.451-.4789, Fla.Stat....

...prematurely releasing Riccardelli, he has incurred substantial medical expenses and will lose the services of his minor son. The patient, Gary Riccardelli, had been involuntarily committed to the Northeast Florida State Hospital under The Baker Act, Section 394.451 et seq., Florida Statutes, immediately following his release from prison....

...chronic depressive and anxiety disorders. On July 17, 2011, the Miami-Dade Police Department responded to a call that Crane was suicidal and transported Crane to PGH for an involuntary commitment examination pursuant to the Baker Act, Fla. Stat. § 394.451, et seq....

...Her testimony was, for the most part, hearsay, and defense counsel objected repeatedly on that ground. Ellis stated that someone at Grimsley's approved residence, the Caring Ministries Program, told her that Grimsley had been committed to the Peace River Center under the Baker Act. See § 394.451, Fla....

...To advance his equal protection claim on appeal, he argues that the Florida courts have recognized a prohibition against compelled testimony for defendants in other types of civil proceedings, such as the civil commitment for mental health treatment under the Baker Act, section 394.451, Florida Statutes (1991)....

...Public Defender, Jacksonville, for appellant. Jim Smith, Atty. Gen., J. Craig Myrick, Asst. Atty. Gen., Tallahassee, for appellee. SMITH, Judge. This is an appeal from an order placing appellant involuntarily in a mental institution for treatment under the Baker Act, section 394.451, et seq., Florida Statutes (1985)....

...#56-1 at 127.) . Detective Sands testified that he spoke to Deputies Lisenbee, Pálmese, and Hamer following the incident on the evening of March 23, 2012. . The Florida Mental Health Act of 1971 is commonly known as the “Baker Act.” Fla. Stat. § 394.451 et seq....

...was observed hooking up a flexible hose to the exhaust pipe of his pickup truck. A Hillsborough County Sheriff's deputy dispatched to investigate found suicide notes in Michael's truck. The deputy took Michael into custody pursuant to the Baker Act, section 394.451, Florida Statutes, and delivered him to the Hillsborough Community Mental Health Center at approximately 8:00 p.m....

...The Agency and its expert mental health professionals would surely agree that J.J. should not be allowed to drop, like a fly ball between right and center field, covered by no one. The unanswered question in the aftermath of our affirmance is: if not HCBS, what? Affirmed. . § 393.063(21), Fla. Stat. (2013). . § 394.451, Fla....

...served hooking up a flexible hose to the exhaust pipe of his pickup truck. A Hillsborough County Sheriff's deputy dispatched *1053 to investigate found suicide notes in Michael's truck. The deputy took Michael into custody pursuant to the Baker Act, section 394.451, Florida Statutes, and delivered him to the Hillsborough Community Mental Health Center at approximately 8:00 p.m....

...Public Defender, Jacksonville, for appellant. Robert A. Butterworth, Atty. Gen., James W. Sloan, Asst. Atty. Gen., Tallahassee, for appellee. SMITH, Judge. Appellant appeals an order involuntarily committing him to the state mental hospital under the Baker Act, section 394.451, et....

...Accordingly, we remand for the trial court to include specific findings of fact in the commitment order. While there are other issues raised by Mr. Tavares, our review reflects no other error committed by the trial court. AFFIRMED, but REMANDED with instructions. PETERSON and THOMPSON, JJ., concur. NOTES [1] Section 394.451, et seq., Fla....

...The appellees are D.M.L., an individual, and Anclote Manor Hospital, a private treatment center for the mentally ill. Anclote Manor Hospital provides care to voluntary patients and to those involuntarily placed in its facility pursuant to the Florida Mental Health Act, also known as the Baker Act. See § 394.451 et seq., Fla....

...Perkins, of course, did not prescribe this medication. It was prescribed by a staff physician at MHC. Apparently, it is difficult to establish a proper dosage for this medication. When Ms. Perkins visited Mr. Cox, she did attempt to assess whether the dosage was proper. [3] See § 394.451 et seq., Fla....

Plaintiff under Florida’s Baker Act, Fla. Stat. § 394.451, et seq. For the reasons that follpw, the Court

...Accordingly, Mount Sinai’s Petition for Certiorari is granted, and the matter is remanded with directions to grant Mount Sinai’s Motion to Dismiss Fotea’s Second Amended Complaint for failure to comply with the presuit requirements of Chapter 766. Petition for Certiorari granted. . § 394.451, Fla....

...Based on the foregoing, we reject D.M.H.'s argument that her hearing on involuntary inpatient placement had to be held within five calendar days of the petition being filed. Accordingly, we affirm the trial court's denial of her petition for writ of habeas corpus. [2] AFFIRMED. SAWAYA and EVANDER, JJ., concur. NOTES [1] § 394.451, Fla....

...rt believes that it should apply a burden of proof of “clear and convincing evidence.” While Florida Rule of Juvenile Procedure 8.350 is silent as to the burden of proof to be applied, this Court has reviewed both the Baker Act (Florida Statutes § 394.451) and what has been called the “Jimmy Ryce Act,” (Florida Statutes § 394.910)....

...Our task is made easier by the opinion of the Florida Supreme Court in Pullen v. State, 802 So.2d 1113 (Fla.2001), cert. denied, 536 U.S. 915 , 122 S.Ct. 2381 , 153 L.Ed.2d 199 (2002). There, the Court held that the Anders procedure is to be used in appeals of involuntary civil commitments under the Baker Act, § 394.451-394.4789, Fla....

...vior at trial was bizarre. In contrast, in the present case there was nothing to alert the court or counsel that *593 appellant was not, at the time of trial, competent to go to trial. Affirmed. POLEN and STEVENSON, JJ., concur. NOTES [1] Baker Act, § 394.451, Fla....

...Although a parent-teacher conference was held to discuss the matter, the School Board denied the request. CP’s behavior and attendance worsened as the school year progressed. In October, CP’s parents requested to have him committed under the Baker Act, Fla. Stat. § 394.451, et seq....

...ivilege. In all other respects, we deny the petition. Petition granted in part and denied in part; order quashed in part. FULMER and CANADY, JJ., Concur. NOTES [1] In this opinion, we have used the petitioner's initials to protect her privacy. [2] §§ 394.451-.4789, Fla. Stat. (2005). The Baker Act is also known as "The Florida Mental Health Act." § 394.451....

...She has a history of running away, threatening suicide, and using poor judgment in dangerous situations. She has destroyed personal property which has resulted in charges against her and in her arrest. She has been committed for inpatient psychiatric treatment five times pursuant to the Baker Act. See § 394.451 et seq., Fla....

...ts. The patient, who suffered from depression associated with alcoholism, had voluntarily placed herself in the hospital and in Dr. Wagemaker's care under the terms of The Florida Mental Health Act, also known as The Baker Act. Ch. 71-131, Fla.Laws; § 394.451, et seq., F.S....

...Court believes that it should apply a burden of proof of "clear and convincing evidence." While Florida Rule of Juvenile Procedure 8.350 is silent as to the burden of proof to be applied, this Court has reviewed both the Baker Act (Florida Statutes § 394.451) and what has been called the "Jimmy Ryce Act," (Florida Statutes § 394.910)....

...f the illness, present a threat of substantial harm to their own well-being, or present a danger that the patient will inflict serious bodily harm on himself or herself or on others.”), approved, 889 So.2d 804 (Fla. 2004). See generally Fla. Stat. § 394.451 et seq....

...Although a parent-teacher conference was held to discuss the matter, the School Board denied the request. CP’s behavior and attendance worsened as the school year progressed. In October, CP’s parents requested to have him committed under the Baker Act, Fla. Stat. § 394.451 , et seq....

...Section 397.052(1), Florida Statutes (1987). . Section 397.052(6), Florida Statutes (1987). . Section 43.28 states: "The counties shall provide appropriate courtrooms, facilities, equipment, and, unless provided by the state, personnel necessary to operate the circuit and county courts." . Section 394.451, et seq., Florida Statutes (1987)....

...s for involuntary examination and treatment. Thus, to the extent of any inconsistency, the discussion and conclusion contained in this opinion should prevail over those of earlier opinions. Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 Section 394.451 , Fla....

...for purposes of Florida's Baker Act, and thus possess no authority under the act to initiate the involuntary examination of a person or to transport such person as law enforcement officers. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 394.451 , Fla....

...We therefore reverse that order and remand this cause for further proceedings not inconsistent with this opinion. Affirmed in part, reversed in part, and remanded. counsel for Perez referred to the minor child as having been “Baker Acted,” see section 394.451, et seq., Fla....

...Title XXIX of the Florida Statutes is captioned as “Public Health” and encompasses chapters 381–408. Chapter 394 is captioned “Mental Health.” That chapter’s Part I “shall be known as ‘The Florida Mental Health Act’ or ‘The Baker Act.’” § 394.451, Fla....

chapter 394, from sections 394.451 to 394.4789. See § 394.451, Fla. Stat. (2011). . At the competency hearing

involuntary commitment under the Baker Act, Section 394.451, et seq., Florida Statutes. We reverse and

...abandonment, or neglect. Following a shelter review hearing, the trial court entered an order on January 27, 2015, placing the three children in shelter care.2 On February 10, 2015, the Department filed a verified dependency petition, 1See § 394.451, Fla....

...Consequently, Ross was taken to the Center for “involuntary examination” pursuant to section 394.463, Florida Statutes (2022). There, a psychiatrist examined her. Based on this doctor’s examination of Ross and his communications with Ross’s family, the Center petitioned for section 394.467 involuntary 1 § 394.451, Fla....

A. Butterworth Attorney General RAB/trh 1 Section 394.451, F.S. 2 Section 394.455(8), F.S. (1992 Supp

...Henderson, Jacksonville, for appellant. Glen J. Torcivia of Torcivia, Donlon, Goddeau & Rubin, P.A., West Palm Beach, for appellees. GERBER, J. This case arises from a man’s suicide eighteen hours after his discharge from a mental health center licensed under section 394.451, et seq., Florida Statutes (2022), known as the Baker Act. The man’s father appeals from the circuit court’s final order denying the father’s mandamus petition....

...the opportunity to amend his motion. AFFIRMED in part; REVERSED in part; and REMANDED. ORFINGER and EDWARDS, JJ., concur. . § 800.04(4)(a), Fla. Stat. (2009). . The Baker Act authorizes involuntary commitment of persons based on mental illness. See § 394.451, Fla....

...r and resisting an officer with violence. The alleged criminal acts occurred while deputies were taking Sanfeliz into custody for an involuntary examination pursuant to the Florida Mental Health Act (commonly referred to as the “Baker Act”). See § 394.451-.4789, Fla....