You've Probably Heard of the Baker Act — but What Does It Mean?

You may have heard of the Baker Act before. It's meant to help people who are at risk of a mental health crisis or suicide, and it's been around for years now.

But what exactly is this legislation all about, and how did it come to be? Below, we take a quick look at the Baker Act, as well as some of the well-known names who have been taken into custody under its guidelines.

Similarly to how you would call emergency services for a loved one in a medical emergency, the Baker Act — which is the more common name for the Florida Mental Health Act — is basically a way for you to call for emergency mental health services for a loved one. Sometimes this includes temporary detention.

"People who require the use of the Baker Act have often lost the power of self-control, and they are likely to inflict harm to themselves or others," writes University of Florida Health. "It is important that the Baker Act only be used in situations where the person has a mental illness and meets all the remaining criteria for voluntary or involuntary admission."

So what criteria does a person need to meet, exactly? The Florida Department of Children and Families provides a detailed breakdown of this. But in essence, if there is reason to believe the person has mental illness and has refused or is unable to determine if they need help, and if that person cannot care for themselves and may cause harm that can't be avoided with other services, this would meet the criteria for someone to be taken to a facility for an involuntary examination under the Baker Act.

The nickname "Baker Act" was inspired by Florida state representative Maxine Baker, who sponsored the legislation in 1972 and also served as chair of the House Committee on Mental Health.

In 2024, following years of criticism about the long and often confusing process, lawmakers have been working on new guidelines to help streamline things. But some folks are still wary of how law enforcement works within the process, as police officers are often the ones determining who needs to be sent for an evaluation but may not have a background in mental health.

"How are we going to make sure that the police officers are not under-using this or over-using it? Figure out what type of training they need now so that this is something that trickles down to be positive in the community," licensed mental health therapist Cherlette McCullough told WESH 2 in June 2024.

You may have heard the Baker Act used in connection with folks in the public eye. Back in April 2022, an influencer and OnlyFans model named Courtney Clenney (aka Courtney Tailor) was taken into custody under the Baker Act after allegedly murdering her boyfriend, Christian Tobechukwu Obumseli.

And in April 2023, pro skateboarder and former Jackass star Bam Margera posted a video to Instagram referenced having almost been "Baker Act-ed." Bam had been taken into custody the previous year under the Marchman Act, which is similar to the Baker Act but applies to individuals who are incapacitated because of substance abuse issues.