Florida has been at the forefront of the parental rights movement, notably with the passage of the Parents' Bill of Rights in 2021, which aims to safeguard the fundamental rights of parents, including the right to direct their children's mental health. However, the Citizens Commission on Human Rights (CCHR) highlights a concerning contradiction in the state's approach, pointing to the high number of children subjected to Baker Acts—a process allowing for involuntary psychiatric examination—as a violation of these very rights.
Between 2020 and 2021, nearly 40,000 children in Florida were Baker Acted, a number that has seen a decrease following legislative efforts to protect parental rights. Yet, the practice remains prevalent, with critics arguing it undermines parental authority and poses significant ethical and financial concerns. The average cost of a Baker Act is approximately $1,400 per day, raising questions about the motivations behind its frequent use, especially among minors.
Diane Stein, president of the Florida chapter of CCHR, criticizes the Baker Act for being used as both a profitable venture and a disciplinary tool, often bypassing the opportunity for family intervention as stipulated by the Act's criteria. The case of Demoree Hadley, an adult wrongfully subjected to a Baker Act, underscores the potential for abuse within the system, a risk that is even more concerning when it involves children.
The call to action is clear: advocates urge Florida to extend its protection of parental rights by abolishing the involuntary Baker Act for individuals under 18, ensuring that parents retain the ultimate authority over their children's mental health care. This move would not only align with the state's legislative achievements in parental rights but also address the ethical and financial pitfalls of the current system.
