doc_1835945

WINDERMERE POLICE DEPARTMENT GENERAL ORDER Effective Date: June 13, 2022  Rescinds Amends 6.12 (December 13, 2018) Number: 6.12 SUBJECT: Mental Health / Baker Act Print Date: 06/13/22 Distribution: All Personnel Review Month: June This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to direct agency members when handling situations involving individuals in need of mental health services, especially in cases where an arrest may not be the best course of action. The purpose is to also provide safe transportation of individuals to mental health facilities for evaluation. 2. Policy It will be the agency policy to provide training for agency personnel to recognize persons suffering from mental illness and access available community health resources. It will also be agency policy to transport individuals to receiving facilities in acco rdance with the following: A. F.S. 394 (The Florida Mental Health Act, i.e., The Baker Act) requires each county to designate a law enfor cement agency that is responsible for transporting mentally ill individuals to a receiving facility for evaluation. B. Individuals shall be transported to the nearest designated receiving facility, with the exception when transporting adults, the nearest receiving facility may be 6.12, Page 2 bypassed and they can be taken to Aspire Health Partners, located at 1800 Mercy Dr. in Orland o, FL 32808. 3. Definitions A. Crisis Intervention Trained (CIT) Personnel – an officer, who has attended the Crisis Intervention course, trained to handle situations involving the mentally ill in crisis. B. Crisis Intervention course – education programs that provide law enforcement based crisis intervention training for helping those individuals with mental illness and/or addictions. C. Mental Illness – a range of conditions, each with its own specific characteristics, including: 1. Schizophrenia 2. Bipolar dis order (manic depression) 3. Major depression 4. Schizo -affective disorder 5. Panic disorder 6. Obsessive -compulsive personality disorder 7. Borderline personality disorder, or 8. Other mental illnesses as defined in the DSM -IV (Diagnostic and Statistical Manual of Mental Disorders as published by the American Psychiatric Association, most current edition) that can cause disturbances in thinking, feeling and relating with others or the environment. 4. Procedures A. Whenever possible a trained CIT Officer shall respond to calls involving a confirmed or suspected mentally ill person in crisis. B. Officers may transport individuals to mental health receiving facilities under the following provisions of the Baker Act: 6.12, Page 3 1. When the court issues an “Ex Parte Order for Involuntary Examination” (CF-MH 3001 or 3002), officers shall deliver the person named in the court order to the nearest facility for involuntary examination, unless the court order specifies a particular facility regardless of location. 2. In compliance with F .S. 394.463, officers shall take custody of and transport individuals to receiving facilities for involuntary examination when there is reason to believe the individual is mentally ill and because of that mental illness, having refused voluntary exa mination, is unable to determine for themselves whether an examination is necessary; and , a. Without care or treatment, they refuse to care for themselves or are likely to suffer from neglect; and that such neglect or refusal poses a real and present thre at of substantial harm to their well - being; or , b. There is a substantial likelihood that without care or treatment, they will cause serious bodily harm to themselves or others in the near future, as evidenced by recent behavior. 3. Officers initiating or executing the Baker Act shall complete a Report of Law Enforcement Officer Initiation Involuntary Examination CF -MH3052a form and the Transportation to Receiving Facility CF -MH3100 form. Both forms are necessary for valid commitme nt, mandating assessment of the person named. 4. Officers initiating or executing a Baker Act on a child shall make reasonable efforts to notify the child’s parents or guardians of the circumstances. 5. Mental illness does not include intellectual disability , developmental disability, simple intoxication, conditions manifested only by antisocial behavior, or drug addiction. Individuals exhibiting such behavior without the circumstances listed above do not meet the Baker Act criteria. 6. A physician, psychiat ric nurse, clinical social worker, or a clinical psychologist may complete a “Certificate of Professional Initiating Involuntary Examination” (CF -MH 3052B), usually referred to as a Professional Form 52. Officers shall take into custody the person named in the certificate and deliver him/her to the nearest receiving facility. The officer shall complete the Transportation to Receiving Facility Form CF - MH3100 indicating the time and date the subject was delivered. 6.12, Page 4 7. When interacting with an individual di agnosed with Autism, officers shall contact a Command Staff member for approval regarding an Involuntary Baker Act. C. Transporting officers shall use discretion regarding the use and degree of restraints when transporting mentally ill individuals. 1. Prior to transporting an individual to the nearest designated receiving facility, officers shall determine if a medical clearance will be required. Examples of conditions requiring medical clearance include, but are not limited to, known unmanageable or