Monday, February 16, 2009

Child locked up for misbehaving at school

In Largo, Florida, a 7-year-old boy misbehaved at school. That's because he's, like, only 7.

In a free country, grade school children being unruly would not typically be a news story. But Florida isn't a free country.

The Sunshine State is the home of the much-abused Baker Act. Under this law, any person of any age can at any time be transported to a psychiatric ward almost on the say-so of any other person. If you snap your finger, point at someone, and say, "Lock 'em up," off they go.

And it's up to the facility to decide when to release the person. If some money-grubbing psych ward can get insurance money to keep somebody locked up, they will.

In the latest case, police came to the school and promptly transported the child to a mental ward - without his parents' permission. The boy spent the night alone at the facility before being released the following day.

Police say the youngster attacked a school administrator, but if that's what the school told the cops, I frankly do not believe the school. Not for a second. A lot of folks have been falsely accused of attacking school personnel, and they've been wrongly called liars when they denied it. Happens to everyone in that situation, it seems.

Local experts say that even if the boy did what the "official" story claims, the police taking him to a psych ward was still an abuse of the Baker Act, because he posed almost no real threat.

It turns out that on the very same day as this incident, the county's schools also had several other Baker Act lockups. Is the school system going to say with a straight face that there was a sudden pandemic of classroom misbehavior?

Welcome to the police state, folks.

(Source: http://www.tampabay.com/news/publicsafety/article975987.ece)

7 comments:

  1. As a person who was Baker Acted, I truly feel this law needs to be re-vamped because of the disgusting abuse that is allowed to occur from it's use. I think it is a horrible law for those that are MIS-REPRESENTED by those who believe they have a right to judge or diagnose others (meaning teachers, bosses, etc.) This should NOT EVER be allowed to be done by any one other than a Doctor or Judge. People like to abuse their so called authority with this extremely serious issue.

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  2. As a person who was Baker Acted, I truly believe this law must be re-vamped. It is a horrible law which allows the wrong people to abuse this and lets them think they are the authority enabling to judge a persons mental health status. This should only be allowed under certain circumstances either by a qualified Doctor, Judge or very closely related family member and NEVER, EVER be allowed by a teacher, a boss or corporation. Shame, shame, shame on this abused law!!!!!

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  3. The abuse of this law is rampant all over our state!!! In Miami, my nephew (10 yrs old) was Baker Acted today by his school (counselor's position is a regular teacher) just for crying and saying he did not want to be there! No phone calls were made to notify his mother nor any of the contacts. Handcuffed, placed in a police car and shipped to a crummy mental facility!! This is unreal. Someone needs to come up with an idea to place limitations on this law.

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  4. How would I feel? Going through it now. Coral Gables used Baker Act against child who broke no laws and threatened no one. This naive 14 YO was questioned by police. Leading questions. The school had her doctor's information. The school vice principal accepted that information yet he denied this child the presence of some "safe" adult and/or her doctor. Keep in mind...no weapons! She was handcuffed and taken away. The first hospital said this was the oddest Baker Act she had ever seen. Transported to another hospital. Social worker cajoles mother with probable positive outcome...just sign here. She did. That child is now there at the hospital. Things have suddenly changed. Upon review of the action she is being released. Everyone is back peddling because this one man abused this law. All we hear is "he did what?" Just another abuse of this law in Florida. That she is coming home doesn't doesn't change the facts. A child was handcuffed and virtually incarcerated without access to her doctor and, for a while, access to her parents. Time to amend the law and punish those who misuse it. By the way, the bills are being sent to the vice principal. He might not pay them but the school board sure wants to calm things down. This child's father is not going away quietly.

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  5. Go spend one week in a title one school with EBD classrooms before you even think of amending the Baker Act. I am typing this with one hand because today a 4th grader bigger than I am completely lost control when I told her to turn around and walk down the hallway in the line like everyone else -- as school rules have stated since day one -- and she twisted my wrist and arm back underneath itself. My arm and wrist are black and blue and the girl's consequence was suspension for two days. She walked past me on her way out, looked me in the eyeballs and smiled, knowing that she basically got away with assault on a teacher... as suspension is nothing new to this student.

    I promise, I'm all about doing what's best for kids, but if the teachers are scared to teach or unable to do so because of an injury caused by a student, something much more drastic than suspension or calling parents must be available as a tool to get students the help they need and to protect the teachers trying to help them learn how to act in society. Some students absolutely need that psych evaluation, and often times the system is so backed up that taking an issue like this to the guidance counselor will take MONTHS to even get processed let alone addressed at a higher level.

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  6. WHAT is the point of having behavior specialists, school counselors, psychologists, principals, social workers in the school if they still have to go outside for help.
    How terrifying.

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  7. They do this to innocent people in the privacy of their own lioves, while hundreds and maybe thousands of people lay on our streets day in and day out and cause us to shake our heads. Definately abuse of the system. If they are not going to use the system properly, it should be abolished. I think persons signing these papers really think they are reasonable enough to make decisions. Do you know any lawyers in Broward County that handle these cases? They must be a part of the problem, can never find one.

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