What to Know
- In the past five years, involuntarily detentions increased 42 percent in Miami-Dade County and 22 percent in Broward County.
- The Baker Act was named after former Florida state representative Maxine Baker, who was from Miami.
Following controversy after a 7-year-old was handcuffed for hitting a teacher, the Miami-Dade School District announced temporary changes to its Baker Act policy, which relates to involuntary hospitalization and mental evaluation.
The Coral Way Elementary student was involuntarily detained and evaluated on Jan. 26 under Florida's Baker Act mental health law. His family – and many in the public discourse – criticized police because the child was placed in handcuffs.
The new policy states that in order to baker act a student, officials must attempt to reach the student’s legal guardian. They must then get approval from a superior officer, then transport the child with an approved medical service.
Officials should not use handcuffs when baker acting a child.
However, the new policies can be altered if the student is aggressive or resistant.
Previously, school officials would impose the Baker Act on any student who they believed was a danger to themselves or to others. The standard procedure dictated the student – regardless of age – would be handcuffed and taken to a hospital for psychiatric evaluation.
Records show more children are being "Baker Acted" in South Florida. In the past five years, involuntarily detentions increased 42 percent in Miami-Dade County and 22 percent in Broward County.
