Mental health crises can be overwhelming, not only for the individuals experiencing them but also for their families and loved ones. When a person’s mental disorder leads them to refuse help or poses a danger to themselves or others, involuntary psychiatric admission—also known as involuntary commitment—may become necessary.
Although many states use the term “Baker Act,” New Jersey follows a different set of legal guidelines. Often informally referred to as the “Baker Act NJ,” these regulations protect individual rights while ensuring timely mental health intervention. Understanding this process is essential for those navigating such complex and emotional situations.
What Does Involuntary Admission Mean?
Involuntary admission, also known as involuntary commitment, is a legal process that allows an individual to be admitted to a psychiatric facility for evaluation and mental health treatment in New Jersey without their consent. This differs from voluntary admission, where the person agrees to receive care.
Because it involves temporarily restricting a person’s freedom, involuntary admission is governed by strict legal standards and safeguards. It is used only when someone’s mental illness poses an immediate danger to themselves, others, or property, and they are unwilling or unable to seek help. The goal is to address an urgent crisis and ensure safety, not to serve as a long-term solution without continued legal oversight.
The 5 Criteria for Involuntary Admission in NJ
New Jersey law outlines the legal framework for involuntary commitment to a psychiatric facility. To initiate this process, all 5 criteria for involuntary admission in NJ must be met.
This criterion requires a professional diagnosis of a mental illness, as defined by recognized medical and psychiatric standards. Conditions may include schizophrenia, schizoaffective disorder, bipolar disorder, major depressive disorder with psychotic features, or other severe mental health conditions that significantly impair thinking, mood, perception, or judgment. The diagnosis must be made by a qualified mental health professional, such as a psychiatrist or licensed clinical psychologist.
The person must display behavior or express intentions that indicate a risk of self-harm. This can include recent suicide attempts, verbalizing suicidal ideation, creating a detailed plan to end their life, or engaging in self-injurious behavior like cutting or refusing life-sustaining care (e.g., food, water, or medication). The risk must be immediate or imminent, not just hypothetical or distant.
This involves actions, threats, or behaviors that suggest a risk of serious harm to another person. Examples include physical assaults, making specific and credible threats of violence, acting aggressively without provocation, or behaving in a way that puts others in danger, such as driving recklessly under psychotic delusions. The threat must be real and actionable, not vague or purely verbal without any indication of intent.
Despite being advised to seek treatment, the individual refuses to enter a psychiatric facility on their own. This may stem from denial of their condition, a lack of insight (known as anosognosia), fear of stigma, or mistrust of mental health services. The refusal must be clear and persistent, even when the need for care is explained.
This ensures that all other options—such as outpatient treatment, community-based interventions, crisis services, or family support—have been considered and found insufficient. Involuntary hospitalization should be the last resort, used only when there is no safer or more appropriate way to stabilize the individual and protect those involved.
What is the Baker Act?
Many people use the term “Baker Act” as a general way to describe the involuntary admission of someone for psychiatric evaluation. However, the Baker Act is a specific law in Florida, officially known as the Florida Mental Health Act of 1971. It allows mental health professionals, law enforcement officers, and certain others to temporarily detain and evaluate individuals who may have a mental illness and pose a danger to themselves or others, even if they do not agree to treatment. This process is guided by defined legal criteria.
Outside of Florida, including in New Jersey, similar procedures exist but operate under different laws and names. In New Jersey, involuntary commitment is governed by the Screening Law under Title 30:4-27 of the New Jersey Statutes, not the Baker Act NJ. While some people in New Jersey may casually say someone was “Baker Acted,” this is technically incorrect. New Jersey’s process involves a mental health screening, certification by medical professionals, and potentially a court hearing to determine if involuntary treatment is necessary. Although the overall goal—ensuring safety during a mental health crisis—is shared across states, the laws, procedures, and timelines differ, making it important to understand each state’s specific approach.
How to Admit Someone Into a Mental Health Facility in NJ?
The process of involuntary commitment in NJ usually begins when someone observes concerning behavior and contacts a designated screening center. These centers operate 24/7 in each county and are staffed with trained mental health professionals. The process typically follows these steps:
If someone is in immediate danger due to a mental health crisis, call 911 right away. For non-emergency but serious concerns, contact your county’s designated psychiatric screening center, which is staffed with professionals trained to assess mental health emergencies.
A certified mental health screener will evaluate the individual to determine if they meet the legal criteria for involuntary commitment—specifically, whether they have a mental illness and pose a danger to themselves, others, or property.
If needed, the person may be transported to a psychiatric emergency service (PES) unit or hospital. There, medical and psychiatric professionals will conduct a thorough evaluation to confirm the diagnosis and assess the severity of the crisis.
If the individual is found to meet all necessary legal criteria, the screener will initiate a temporary involuntary commitment, allowing the person to be held for treatment without their consent while ensuring their safety and the safety of others.
A court hearing must take place within 72 hours (excluding weekends and holidays). A judge reviews the case and decides whether further involuntary commitment is justified. The individual has the right to legal representation and can present evidence or testimony during the hearing.
If the court authorizes continued commitment, the person will be admitted to an inpatient psychiatric facility. Treatment includes medication, therapy, and other interventions aimed at stabilizing their condition. The commitment is reviewed periodically, and the person may be discharged when appropriate.
This process includes legal safeguards to prevent misuse and protect the individual’s rights throughout the commitment procedure.
Signs of Mental Illness
Recognizing signs of mental illness can help intervene early and possibly avoid involuntary treatment. Some common warning signs include:
- Sudden changes in behavior or mood
- Withdrawing from friends or family
- Talking about suicide or death
- Extreme paranoia or delusions
- Aggressive or violent behavior
- Disorganized thinking or speech
- Refusal to eat, bathe, or take medications
- Incoherent or bizarre statements
Not every person exhibiting these signs needs to be involuntarily admitted, but if the behavior escalates or poses a risk, it may warrant immediate action.
When Should You Involuntarily Admit Someone?
Deciding when to take this step is difficult. You may consider involuntary admission when:
- The person is actively suicidal or self-harming
- They are experiencing a psychotic break or hallucinations
- They have stopped taking medication and are showing dangerous symptoms
- They are making threats or acting aggressively toward others.
- They refuse help and are deteriorating rapidly
Often, families struggle with guilt or uncertainty. But when someone’s life or the safety of others is at stake, intervening early can save lives. Mental illness is a medical condition, and treatment, voluntary or not, can be lifesaving.
Mental Health Treatment at Peak Wellness
If you’re seeking compassionate, evidence-based care, Peak Wellness offers a wide range of mental health services tailored to individual needs. Whether someone is going through a crisis or needs long-term support, our team provides:
- Psychiatric evaluations – Mental health professionals assess symptoms, behavior, and risk to determine diagnosis and treatment needs.
- Individual therapy and group therapy – One-on-one and peer sessions help patients process emotions and develop coping skills.
- Outpatient Program and Intensive Outpatient Program – Structured therapy sessions for ongoing support without full-time hospitalization.
- Family therapy – Families learn about mental illness and how to assist in their loved one’s recovery.
We believe in treating patients with dignity, respect, and empathy, even during involuntary admissions. Our mission is to help each person regain stability and reclaim their life. Don’t hesitate to contact us if you or a loved one needs help. Early intervention makes all the difference.
