In Florida, the Baker Act permits certain people to be temporarily detained for a mental health evaluation and treatment if they pose a danger to themselves or others. Does Georgia have a Baker Act? If not, does the state have other laws that serve a similar purpose?
At North Atlanta Behavioral Health, adults whose lives have been disrupted by mental illnesses receive personalized mental health treatment in a highly supportive outpatient environment.
Learn more about mental health treatment in Atlanta or verify your insurance now.
What Is the Baker Act?
The Baker Act is a Florida state law that allows people who meet certain criteria to be involuntarily held for up to 72 hours for a psychiatric evaluation. Passed in 1971, the law is named after Rep. Maxine Baker, who sponsored the legislation.
Does Georgia Have a Baker Act?
Does Georgia have a Baker Act? No, it does not. The Baker Act only applies to individuals in the state of Florida.
Does Georgia have any laws that are similar to the Baker Act? Yes, it does. Keep reading to get the details.
What Is Georgia’s Version of The Baker Act?
In Georgia, the process of having someone legally detained for the purpose of a psychological evaluation is known as placing them on a 1013 hold. The name is a reference to Form 1013, which must be completed before the process can begin.
The law that authorizes these holds is found in Title 37, Chapter 3, Article 3 of the Georgia Code.
Criteria for a 1013 Hold
As noted on Form 1013, a person may be subject to Georgia’s version of the Baker Act if they “appear to be a mentally ill person requiring involuntary treatment.”
To be detained and involuntarily admitted, they must also meet at least one of the following criteria:
- They pose “a substantial risk of imminent harm to self or others as manifested by recent overt acts or recent expressed threats of violence.”
- Their inability to care for their health and safety has put them in danger of facing “an imminently life-endangering crisis.”
Authorizing an Involuntary Hold
Before a person can be detained for the purpose of involuntary admission, Form 1013 must be signed by a professional who personally examined them within the previous 48 hours.
Professionals who are authorized to sign Form 1013 include:
- Licensed physicians
- Licensed psychologists
- Licensed clinical social workers (LCSWs)
- Licensed professional counselors (LPCs)
- Advanced practice registered nurses (APRNs)
- Clinical nurse specialists (CNSs) in psychiatric/mental health
- Licensed marriage and family therapists (LMFTs)
Evaluation & Treatment
Once Form 1013 has been completed, law enforcement can pick the person up and transport them to a designated receiving facility:
- When the individual arrives at the receiving facility, they must be examined within 48 hours.
- If their evaluation reveals that they do not meet the criteria for involuntary treatment, they must be discharged within the same 48-hour window.
- If their evaluator determines that they need additional care, they must complete Form 1014 within the 48-hour window. This form authorizes the person to be held at a treatment facility for up to five more days (not including weekends and holidays) for additional evaluation.
- After completing Form 1014, the receiving facility has 24 hours to transport the individual to the treatment center.
To hold a person beyond the five-day extension, a hearing must be held. Potential outcomes of that hearing include ordering the patient to be discharged, requiring them to participate in an outpatient program, or allowing them to be held for up to six months of inpatient care.
How Can I Tell if a Loved One Needs Help?
Ideally, a person who is struggling with their mental health will get help before reaching a crisis point and needing involuntary treatment.
But it can sometimes be difficult for people to recognize that they’ve developed a mental health condition. In these cases, it may fall to close friends or trusted family members to notice the symptoms and connect the individual with the care they need.
If you’re concerned about someone in your life, keep an eye out for warning signs such as:
- Sudden changes in their mood and energy
- Acting with uncharacteristic impulsivity or aggression
- Sleeping much more or much less than usual
- Significant appetite change and resultant unintentional weight loss or gain
- Becoming more easily agitated or frustrated
- Unexplained downturn in performance at work or in school
- Frequent absenteeism, forgetting to pay bills, or failing to meet other responsibilities
- Making bizarre claims (delusions) or exhibiting excessive suspicion (paranoia)
- Withdrawing and isolating themselves
- Neglecting their appearance and hygiene
- Expressing thoughts of self-harm or suicide
Generally speaking, any significant, unexplained changes in a person’s mindset, appearance, or behaviors should be treated as warning signs that something is amiss. A good way to respond is to encourage your loved one to schedule an evaluation with a qualified professional.
Whether the problem turns out to be a medical condition, mental illness, or behavioral disorder, getting an accurate diagnosis is an essential step toward effective treatment and a healthier future.
Learn More About Mental Health Treatment in Georgia
North Atlanta Behavioral Health is a trusted source of customized outpatient programming for adults with mental health concerns and co-occurring substance use disorders (addictions).
Mental health treatment options at our outpatient center in Atlanta, GA, includes a partial hospitalization program (PHP) and an intensive outpatient program (IOP). In both programs, clients are cared for by dedicated professionals within a safe and highly supportive environment.
Call 770-230-5699 today to learn more or verify your insurance now.
