Florida is locking up children at alarming rates

In a recent legal action, Disability Rights Florida filed a lawsuit against the Florida Department of Children and Families (DCF), alleging that the state agency has not collected necessary data or published quarterly reports regarding individuals who are subjected to involuntary commitments under the Baker Act. Since its origination in 1971, the Baker Act has mandated the collection of specific data since 2007. However, the lack of compliance with these reporting requirements is a significant concern, especially considering the alarming trend of increased involuntary commitments among children. Between 2020 and 2021, approximately 20% of all individuals committed under the Baker Act were minors, highlighting a discrepancy compared to other states where similar laws are in place. Notably, there have been instances involving young children being committed, such as a high-profile case in 2020 where a 6-year-old with ADHD was subjected to such measures. The criteria for involuntary commitment under the Baker Act include a person refusing a voluntary exam, being suspected of having a mental illness, and being deemed a threat to themselves or others. Subsequent to a preliminary 72-hour hold, a judge can extend involuntary treatment for up to six months, with further extensions also possible. The lawsuit emphasizes the necessity for DCF to maintain accurate data regarding utilization of the Baker Act while also advocating for the rights of individuals subjected to these involuntary psychiatric examinations. The Southern Poverty Law Center and the Florida Health Justice Project are supporting Disability Rights Florida in this legal challenge. While the issues stated in the lawsuit were not initiated during Governor Ron DeSantis's administration, changes to the Baker Act under his governance have made it easier for law enforcement to enact involuntary psychiatric holds. Governor DeSantis has voiced the belief that these commitments could serve as a preventative measure against mass shootings, although research suggests mental health concerns in mass shooter cases are more often coincidental rather than causative. The significant increase in Baker Act utilization, particularly among the youth demographic, has coincided with heightened police presence within educational settings, raising concerns that the act might be misused in a punitive manner towards children viewed as difficult or problematic by school authorities. Data also reveals troubling disparities, such as at Palm Beach schools, where a disproportionate percentage of students involuntarily committed were Black. As the Florida Department of Children and Families has yet to respond to the lawsuit, its outcome could have substantial implications for the treatment and rights of individuals facing mental health challenges in the state.