State lacks answer for Baker Act deficiencies

THE?ISSUE: Florida's mental health law acts as a one-size-fits-all solution.

OUR?OPINION: Leadership needed to solve a growing problem.

When it comes to handling people with behavior problems related to cognitive or mental conditions, government at every level has largely been absent from the discussion.

When people hear the term Baker Act, they automatically assume it is the answer or treatment available for people suffering from mental illness. Most don't realize patients with dementia-related illnesses are also regularly Baker Acted.

Florida's Baker Act, established in 1971, allows involuntary institutionalization and examination of an individual. To be committed, a person must possibly have a mental illness and/or be a harm to self or others. The examination can last up to 72 hours after the person has been medically stabilized.

Despite having a 45-year-old mental health bill on the books, Florida's Legislature has done little in the intervening years to provide help in terms of new legislation or funding for prevention, training or treatment. A recent letter to the editor highlights just one of the issues with the Baker Act.

About two years ago, an 82-year-old Alzheimer's patient from Citrus County was held against his and his wife's will for seven days. He was handcuffed and carted away in a patrol car and it required a hearing before a judge to have him released.

Government has failed to provide more options when it comes to treating Alzheimer's patients than those with violent mental illnesses. Additionally, the work of Baker Acting has been left up to already overburdened law agencies to be the first responders and decision makers in a Baker Act situation. Law enforcement officers are trained to protect citizens, not to be mental health facilitators. They have not been given the proper training for that job. Many find themselves in the unenviable position of having to figure out on the fly if the person has a mental illness or is suffering from dementia.

If we are looking to leadership in Tallahassee, don't bother. Legislators turn a deaf ear to those with no unified voice like the mentally ill or those suffering from dementia-related illnesses. Gov. Rick Scott turned away millions in federal dollars that would have treated a large portion of these patients.

The answer, for now will have to come locally because if we wait for the top-down approach we could be waiting an eternity.

Leadership, though, could come in the form of our newly elected sheriff, who could ramp up training for his deputies so they can better assess and handle those Baker Act situations. At least then, we might avoid a caregiver from being separated from her husband through a terrible misunderstanding.

Sadly, at one time Florida seemed poised to lead the nation when it came to handling the mentally ill - many states have adopted their own versions of the Baker Act. But without a caring and capable leadership at the top, we will continue to see situations like these play out for many years.