Florida has been at the forefront of the parental rights movement, with the Parents' Bill of Rights in 2021 marking a significant step towards safeguarding these rights, including the right to direct a child's mental health care. However, the Citizens Commission on Human Rights (CCHR) points out a contradiction in the state's approach, citing the Baker Act's application to children as a violation of these very rights. Despite a notable decrease in the number of children subjected to involuntary psychiatric examinations—from nearly 40,000 in 2020/2021 to a reduction of almost 10,000 annually—the practice remains a contentious issue.
Diane Stein, president of the Florida chapter of CCHR, criticizes the Baker Act for being used as both a profitable venture and a disciplinary tool, rather than a measure of last resort. The criteria for invoking the Baker Act include the possibility of intervention by willing and able family members, yet many children are still being Baker Acted without this consideration. Stein advocates for legislation that would eliminate the use of the Baker Act for minors, emphasizing parents' ability to seek help for their children through other means.
The case of Demoree Hadley, an adult who was Baker Acted under questionable circumstances, serves as a stark example of the potential for rights violations under the current system. Hadley's experience, though not involving a child, underscores the broader implications of the Baker Act's application, raising concerns about its misuse and the need for reform to ensure that parental rights are fully respected and protected in Florida.
