Friday, March 27, 2009

Florida Baker Act – Back in the news. 7 year old boy Baker Acted...

This time the Baker Act involves a 7 year old boy.

The parents are outraged that their son was baker acted.

What happened?

Largo Police Department responded to a school for a student that was throwing a tantrum.

The police reported that the boy had to be removed from his 2nd grade class room. During his tantrum the boy stepped on a teacher’s foot and allegedly tore up a room and even went as far to batter a school administrator.

Now the boy will have to spend at least 72 hours in the hospital under a baker act and be seen by a child psychologist.

Sadly the parents weren’t notified of the tantrum, they were notified that their child was removed from the school and taken to the hospital under a baker act. Mom states she could have corrected the situation if the school and police would have allowed her to do so, but that did not happen. Now mom is scared to allow her 9 year old daughter and her 7 year old son to attend school. Mom states they are scared to death to return.

What are your thoughts about this case?

Granted I realize some kids can be out of control but to be baker acted?

This case would have definitely been better received if they had done a better job reporting some actual psychological problem the child may have had.

Battery is defined as the unlawful touching. So did the kid simply touch a school administrator? Or was there some type of assault and battery? Not that I’m saying it’s ok for a student to ever touch a teacher or school administrator, but I also think there is a major difference in battery and being an actual threat.

To be baker acted you have to present a threat to yourself or to others, are we to believe that the school staff was incapable of handling an unruly student?

Was this just the school’s quick and easy way to deal with an unruly student?

I guess we will never know the answer to that question. But at some point and time the police, mental health people and the system has got to reform the entire baker act process.

People with no problems at all can be baker acted and never once treated or diagnosed with a mental health disorder. The baker act is yet another widely abused way for certain people to get rid of a problem in a quick and quite manor.

For example, this case, was there actually a psychological problem with the child?

Or was it like the many nursing homes that want to “free” themselves from certain patients for a few days so they have a demented patient baker acted for a change in mental status. Which still to this day dementia is still the same, but the nurses us that excuse every single day so they can get a break from that unruly dementia patient.

This list could go on and on and on. The baker act in my opinion is the most abused legal action.

Sadly enough, the police or doctors (are the only people allowed to issue a baker act) are not even held accountable for bogus baker acts that they issue on a daily basis.

How awesome is that, anyone they deem in a psychological crisis they sign a paper and the person is then involuntarily yanked from society and forced to be in a baker act receiving facility for at least 72 hours.

Even to make matters worse, the police don’t have to have any training to determine if you are suffering from a psychological problem. If you don’t act normal, they can stretch the meaning of a threat to yourself or other in ways most people would never believe.

Now in Pinellas County, it was a daily event to transport baker acted patients all over the state to get them in an approved baker act holding facility. Yes I mean all over the state. Since there are regulations stating only certain facilities can hold a baker acted patient.

One has to wonder if this case was an example of the baker act being abused once again or if the child actually suffers from a psychological problem and needed treatment and counseling.

Unless the mom responds to my blog, we will never know. I’m sure the police and school, regardless of how wrong it was, will stand behind the baker act in this case and fight to the death to prove they done the right thing for the student.

Except for the simple fact that now we have 2 children terrified of returning to school; wonder how the police and school can justify their actions in creating a situation that now has students terrified to go to school.

Next we will probably read that mom was arrested for failing to have her children in school.

2 comments:

Evonne said...

Well, now that schools have access to Baker Acts, they no longer have to trouble themselves with "difficult children". Nevermind that it's their job to help raise children.
I have come to the conclusion that people are happier when they are miserable.
Yes, it's always easier to pass it on to someone else.

Unknown said...

Evonne,

It is a sad situation that teachers are put in a position of feeling like they have to raise the children they are teaching. I would not want to be a teacher in a school system.

You make a very good point with your comment. It is always quicker and easier to pass the buck to someone else.

I would really like to know if the child had a psychological problem or not. I have lost all faith in the BA-52 system in Florida. I wish we could hear from mom for an update on what has happened in this case.

Thanks for the comment

AKA The Jakester