Protecting the Rights of Individuals with Mental Illness in Crisis

In February of 2022, our staff argued in front of the Florida Supreme Court in order to protect the rights of Florida’s most vulnerable residents with mental illness. The Court was considering adopting a new rule where individuals who had been involuntarily confined to a mental health facility in Florida could be forced to have their case heard remotely. This would have allowed people to be institutionalized without ever seeing a court or a judge in person, even if remote participation might be harmful for their mental illness. Those arguing for this change said Baker Act hearings could be held remotely because of our growing understanding of technology and flexibility to do hybrid/virtual meetings. However, this posed a major concern to our organization because folks who are in these court hearings are generally those with the most intense mental health care needs. Navigating these hearings remotely, especially depending on someone’s environment and severity of mental health condition, could be very disorienting for a variety of reasons. We argued that anyone who may get their liberty taken away by a court has a right to an in-person hearing if they choose. Forcing virtual hearings ignores the fact that people have the right to make their own choice about their engagement in a hearing about themselves. In-person hearings give individuals the most opportunity to participate, share their opinions, and be more present in the process. Virtual hearings can still be an option but are not a one size fits all solution. People have the right to make the decision regarding whether to join in person or virtually based on their best interest, preferences, and what would be medically necessary for them. We are happy to share that the court did not adopt the new rule forcing virtual hearings, preserving for those with mental illness their rightful autonomy and authority in their medical and legal decisions.