If Your Autistic Child Is Taken for a Baker Act Exam: What to Do

Getting a call that your child has been taken for a Baker Act examination is frightening. This page gives you clear steps, in order, based on Florida's Baker Act (part I of chapter 394, Florida Statutes). It is general information, not legal or medical advice for your child. For questions about your rights in a specific case, contact a Florida attorney or Disability Rights Florida (800-342-0823).

If anyone is in immediate danger, call 911. For a mental health crisis, call or text 988.

Step 1: Where is my child, and how do I find out?

• If you are with your child when police take them, the officer must give you "the name, address, and contact information for the facility" before leaving, subject to safety concerns (s. 394.463(2)(a)2). Write it down.
• If you were not there, the facility must notify you of your child's whereabouts "immediately after the minor's arrival" (s. 394.4599(2)(c)1). It must keep trying "at least once every hour during the first 12 hours" until you confirm. It may delay up to 24 hours only if it has made a report to the central abuse hotline and believes the delay is in your child's best interest.
• If you hear from the school first, ask who initiated the exam (a law enforcement officer, a court order or a listed professional), and where your child is being taken.

Step 2: What do I say when I call the facility?

Call the facility, identify yourself as the parent or legal guardian, and ask to speak with the nurse or clinician on your child's unit. A short script:

"My name is [name]. I am the parent of [child], age [age], who was brought in today. [Child] is autistic and [speaks / uses an AAC device / uses a few words]. I want to give you information that will help with the exam. When will the examination start, who will do it, and when can I visit or call?"

Florida law supports your access. Each facility "must permit immediate access to any patient" by family members, guardians and attorneys, subject to the patient's right to refuse, unless a qualified professional finds access would be detrimental (s. 394.459(5)(c)). Patients also have the right to communicate with people outside the facility and must have access to a telephone (s. 394.459(5)(a)).

Step 3: What should I tell staff about autism?

This is often the most important thing you do. Under s. 394.455(29), "mental illness" for Baker Act purposes "does not include a developmental disability as defined in chapter 393," and autism is a developmental disability under s. 393.063. The examiner must consider "any information regarding the patient's condition and behavior provided by knowledgeable individuals" (s. 394.463(2)(f)). You are a knowledgeable individual.

Bring or send:

• The autism evaluation or a letter from your child's doctor confirming the diagnosis.
• How your child communicates, including any AAC device or picture system (ask that it stay with them).
• Known triggers, sensory needs (lights, noise, touch), and what calms them.
• Current medications and doses, allergies, and your pediatrician's contact.
• Their behavior intervention plan and crisis plan from school or ABA, and the BCBA's contact if you want staff to call them.
• Any other diagnoses, such as anxiety, ADHD or depression, and current therapists.

Ask staff to note in the record that your child is autistic and how they communicate. If they have a guardian advocate or other legal decision-maker, bring that paperwork too.

Step 4: What happens during the 72 hours?

• The clock. The examination period is "up to 72 hours and begins when a patient arrives." For a minor, "the examination shall be initiated within 12 hours after the patient's arrival" (s. 394.463(2)(g)).
• Who examines. A physician, a clinical psychologist, or a psychiatric nurse working under a protocol with a psychiatrist (s. 394.463(2)(f)).
• The four possible outcomes. Release; release for voluntary outpatient treatment; voluntary admission with consent; or a petition to the court for involuntary services (s. 394.463(2)(g)).
• Weekends and holidays. If the 72 hours end on a weekend or holiday, the facility may in some cases hold the patient through the next working day, as s. 394.463(2)(g)4 describes.

If the facility asks you to consent to a voluntary admission

For a minor, voluntary admission requires that "the parent or legal guardian provides express and informed consent" and that the facility reviews the child's assent (s. 394.4625(1)(a)2). Before you sign, it is reasonable to ask: Why do you recommend admission? What diagnosis are you treating? How will you support my child's autism-related needs? What is the expected length of stay? What are the alternatives, such as outpatient care or a mobile response team? You can ask for time to think and to call your child's doctor.

If a petition for involuntary services is filed, you will receive written notice that includes the court, the hearing date, and that the public defender has been appointed if your child has no attorney (s. 394.4599(2)(d)). At that point, speak with an attorney.

Step 5: How do I prepare for discharge?

Florida law requires real discharge planning. Under s. 394.468, the plan must document needs and actions for follow-up behavioral health appointments, how to get prescribed medications, and referrals to care coordination where eligible. The facility must include "a personalized crisis prevention plan that identifies stressors, early warning signs or symptoms, and strategies to deal with crisis," and a staff member must "seek to engage a family member, legal guardian, legal representative, or natural support" in reviewing the instructions.

When a minor is released, the facility must also provide information on "the availability of a local mobile response service, suicide prevention resources, social supports, and local self-help groups" (s. 394.463(3)).

At discharge, ask for:

1. A written discharge summary and the crisis prevention plan.
2. The date and contact for the first follow-up appointment.
3. Any medication changes, in writing.
4. The local mobile response team number and how to reach it.
5. Copies of records for your child's doctor and therapists. As a parent, Florida law gives you the right to access and review your minor child's medical records, with limited exceptions (s. 1014.04).

Step 6: What should we do in the days after?

• Follow up with your pediatrician and mental health provider. Share the discharge plan.
• Meet with the school if the exam started there. Ask for an IEP meeting to review the behavior plan and crisis procedures. See the Florida IEP guide.
• Update your child's crisis plan with your BCBA and therapist: early warning signs, calming strategies, who to call, and what to tell responders.
• Look after yourself and siblings. A crisis affects the whole family.
• If you believe the exam was improper, write down what happened while it is fresh and talk with a Florida attorney or Disability Rights Florida.

For background on the law, read the Baker Act and autistic children.

How can Hope Center help after a crisis?

Hope Center for Behavior Change offers ABA with weekly parent training, plus mental health therapy: individual therapy for adults, and couples and family therapy. Our approach is trauma-informed and assent-based, uses the least intrusive and safest strategies, and does not use restraint. BCBAs write each plan, RBTs deliver sessions, and our clinical director reviews every plan before it goes to insurance. Our staff can join IEP meetings and doctor visits where allowed. Read about ABA and mental health therapy together. To talk with us, contact us or call 561-337-8865 for a free consultation and free benefits check.