A lawsuit has been filed against the Florida Department of Children and Families (DCF) by a disability rights organization, alleging the department's failure to track the use of the Baker Act. The act mandates DCF to collect data on involuntary psychiatric care, including patient stay durations in receiving facilities.
Sam Boyd, a senior supervising attorney at SPLC, emphasized the importance of this data for Disability Rights Florida. "Its failure to do so interferes with Disability Rights Florida’s responsibility to protect and advocate for individuals subject to involuntary psychiatric examination," he stated.
The lawsuit aims to compel DCF to gather and publish necessary data as required by law. This includes information on patient stays and potential disparities among different groups, such as children in foster care versus those with private insurance. Such data is deemed crucial for assessing whether the Baker Act is applied appropriately and its impact on vulnerable populations.
Katy DeBriere from the Florida Health Justice Project highlighted the significance of tracking Medicaid allocations for inpatient treatment compared to community-based care. "We seek enforcement of the Florida legislature's will to enable DRF to forward that mission," she said.
Over two decades, the use of the Baker Act has more than doubled, especially affecting children, surpassing both population growth and mental health diagnosis rates in Florida. Caitlyn Clibbon from Disability Rights Florida stressed the infringement on rights due to involuntary psychiatric examinations and hospitalizations. "The data we seek...is necessary to our work monitoring the use of the Baker Act," she remarked.
In 2021, SPLC released a report titled "COSTLY AND CRUEL How Misuse of the Baker Act Harms 37,000 Florida Children Each Year." It documented excessive use of the act on children across Florida. Following this report, child Baker Act rates have started declining but remain high compared to other states. Improved data collection by DCF is seen as essential for further progress.