By Wayne Dupree | February 15, 2020

A Florida mother is outraged that her daughter was involuntarily committed to a mental health facility without her permission following an incident that happened at her elementary school.

Imagine you receive a call at your place of business that your child was sent off to a mental facility without your permission? How would you feel? Especially if the child is documented as a special needs student?

Martina Falk is fighting back against school administrators that decision without her input, and it sounds like she has a great case. The school officials claim the young girl was incontrollable and unresponsive to their commands, and that was their only course of action.

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A Florida law is under new scrutiny after a 6-year-old girl was involuntarily committed to a mental health facility following an incident at school.

Martina Falk is now questioning the wisdom of the Baker Act, which allows authorities to force a psychiatric evaluation on anyone considered to be a danger to themselves or others, including kids.

“I specifically placed my daughter at this school back in 2015 because I was told they had specifically trained staff to handle special needs children,” Falk said.

Falk said her 6-year-old daughter Nadia has attention deficit hyperactivity disorder and a mood disorder.

Surrounded by her legal team, she told CBS News her daughter’s nearly two-day mandatory stay at a mental health center did more harm than good.

“She’s traumatized. She’s not herself. I don’t know what the long-term effects are,” Falk said. [CBS Local Miami]

Traumatizing a child with treatment will have long term unintended consequences. How will they perceive treatment now?

These laws exist all over the country. It is not just particular to Florida. If an adult or child is at the risk of harming themselves or others, it is standard to have the child screened. Still, I agree that the parent or parents absolutely should have been contacted, and there is the possibility that the use of involuntary commitment could be overused.

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These laws are relatively uniform across the United States. Over the past 40 years, public funding and resources have been stripped away from public schools. I have witnessed in several states the lack of resources in public schools, but particularly when it comes to working with special needs students. Many districts are quicker to send kids to behavioral schools, because of full classrooms, and teachers who are stretched too thin to do their jobs effectively.

The reality is school districts have far more power than the average parent realizes. If you do not comply, they will send social services, and you lose your kids. None of the schools she attended had any staff with mental health training. They shove special needs kids to the bottom and leave them there – even the ones identified as ‘gifted.’ At this point, most US schools are little more than bad daycare centers. This story illustrates things have only gotten worse.

Everyone involved in committing her should be fired and have their teaching licenses made null. They just openly admitted their incompetence and worthlessness in the education system.

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This piece originally appeared on WayneDupree.com and is used by permission.

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