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They actually did it and managed to pull that twelve hour limit through the legislature so the rules governing these examinations are officially changed for the better. I am honestly still reeling from the news because it felt like such a mountain to climb but we somehow did it together. …

November 20, 2016

STOP Involuntary Examination of Children in Florida!

STOP Involuntary Examination of Children in Florida!

🏆 Won — 3,414 supporters Verified

Final supporters

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+3,404 more
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Started by Diane Stein 10 years, 4 months ago

While more work needs to be done to protect children and restore parental rights in Florida under the mental health law called the Baker Act, during the 2017 legislative session Florida lawmakers made a significant change to the law.

Florida Statute 394.463 was amended so that the examination period for a minor is reduced from 72 hours to 12 hours.

Thank you to everyone who signed this petition!

CCHR is continuing to work on tissue of protecting the rights of children under the mental health law. If you are interested in continuing your support of CCHR and our efforts to reform the mental health law in Florida please consider signing our current petition - https://www.ipetitions.com/petition/protect-childr...

In Florida, CHILDREN may be removed from school, transported to a psychiatric facility and held for up to 72 hours WITHOUT PARENTAL CONSENT!

School personnel or the school resource officer have the legal right to remove a child from school grounds, without parental permission or knowledge, and send them to a psychiatric facility for examination if they feel the child meets the criteria laid out in state law. They are only required to inform parents AFTER they have initiated involuntary examinations and transported the child to a psychiatric ward.

In 2014, there were a total of 181,471 involuntary examinations initiated which was an almost 82% increase from 2002 to 2014 and 17% (30,850) of the total involuntary examinations were on children.

There were 193,410 involuntary examinations initiated in calendar year 2015 which was an increase of 84.92%from 2003 to 2015 and 34.79% from 2010 to 2015 with 17% (32,882)of the total involuntary examinations initiated on children.

During fiscal year 2015-2016, 32,475 children were sent for involuntary psychiatric examination.

However, this law also states that a person, including a child, can only be examined if "Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself; such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services."

Based on this provision under the law this petition is demanding that:

1) Parents or legal guardians are notified immediately by the school officials (not the police) BEFORE the police are contacted. No involuntary examination may be initiated without the parent first being given the right to refuse voluntary treatment

2) Parents or legal guardians are told to come to their child's school immediately and given information on the situation. If no contact at first call - all emergency numbers for the child are called until someone is reached

3) At NO time is a child removed from school premises without parental knowledge. Parents or legal guardians are to be given the option to take full responsibility for their child and work with the school and police to calm the situation down

Updates

October 17, 2016

I just looked at the screen and saw we hit twenty-five hundred signatures which is honestly kind of surreal (my coffee is cold now because I have just been staring at the ticker) so thank you so much for pushing this. We have to keep going because if this many people care then the lawmakers have to listen eventually right.

Reached 2,500 supporters

October 15, 2016

Reached 1,000 supporters

August 3, 2016

July 31, 2016

We are crawling toward that one thousand mark and it feels like the momentum is finally shifting into gear even though my coffee is cold and I have five tabs open about this legal mess. Seriously just copy this link and drop it into a group chat because if we hit that milestone before the end of the week the people ignoring us in the statehouse will have to look at their screens.

Reached 100 supporters

March 21, 2016

1,499 Comments

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misty ernster
9 years ago Featured

My child is going thru this now she has asberger/autism and was asked out right if she ever thought about killing herself once she sais yes they stopped ans called police to remove her from school never let her finish her conversation or contact me 4/21/17

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Michelle Mink
9 years ago Featured

It is horrific that a child can be ripped out of school and carted off to a facility of which the parent has no idea where they've been taken. The scary part is the people making these decisions are NOT qualified to do so. This MUST BE STOPPED!!

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Patrick Gallagher
9 years ago Featured

The baker act has got to be seen for what it is: covertly undermining parents. I don't understand how common sense didn't prevail here, just contact the child's parents or another relative...how hard is it to just obtain emergency contact numbers???

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Erin Beatty
9 years ago Featured

I am a victim of being bacharacted. Not only do they treat you like you're less of a person because you're having issues in your life . They forcefully throw medications at you which not only effect your lifestyle but effect you as a person .

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Teresa Thiele
9 years ago Featured

This is the most senseless thing I've heard of. As parents, we are to be responsible for our children and his or her actions. Essentially, involuntary commitment takes responsibility out of the hands of parents, WHERE IT BELONGS! Get real!

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anthony illiano
10 years ago Featured

should at least have 2 doctors approval from separate practices, with that being said they should also make sure the doctors have no personal relations. in addition too above statement, a parent and or legal guardian/representative's approval.

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brian lupinsky
8 years ago

when i was 15 years old i wood make up storys to deal with my brothers fatal motercicle atsent the baker act is it a ani-contitution this law was past by a mark s communist this only helps Big pharma it time to repeal this mark us law closet communist out of USA let close down unelecte berurocrats support Trump shut down the deep state communist buerocrats

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Jancis Dienes
9 years ago

I believe that it is very damaging for children to be Baker Acted and it should not apply to children at all.

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