If you are looking to invoke the Marchman Act on a loved one, these are the steps you need to take in order to do so:
- File a petition for involuntary treatment in the county court where the person resides
- File that petition in good faith and as a person, the court recognizes to do so (The Marchman Act requires that the petitioner be a spouse, blood relative, or a group of three individuals with knowledge of the individual’s substance abuse)
Full Answer
How to file the Marchman Act?
Simply go to your local county courthouse, complete the Marchman Act package, and submit it to the court. However, keep in mind that since you are the petitioner it is your responsibility to make sure that all the details of the case are in order.
What is the Marchman Act?
The Hal S. Marchman Alcohol and Other Drug Services Act of 1993, or more commonly referred to as the Marchman Act, provides for emergency assistance and temporary detention for individuals requiring substance abuse evaluation and treatment in the state of Florida. When properly applied to a well-balanced, long-term plan, the Marchman Act has the potential to help an individual reach a healthy bottom by putting into place a court-ordered framework to help support their recovery.
What is a comprehensive intervention counselor?
A caring a professional comprehensive intervention counselor will be able to create, implement, and monitor a treatment plan individualized to meet a variety of case management and therapeutic needs to help ensure continuity of care and compliance.
What is the Florida Marchman Act?
Under the Florida Marchman Act, a civil court can issue an order that requires an impaired individual to comply with a drug and alcohol, assessment and treatment. Failure to comply with such a civil court order may result in legal consequences.
What is an ex parte order?
If petition has been reviewed by the court and an order is to be issued, the impaired individual must A) served summons to appear for a hearing or B) an Ex Parte order can be given allowing local law enforcement to deliver the respondent to designated receiving facility for evaluation, stabilization or detoxification. So either there is a hearing and possibly a court order for evaluation, or a more immediate Ex Parte order that is generated shortly after filing.
How long is a medical evaluation valid for?
If an order is entered it will be valid for 60 days. Failure to comply with such a court order may or may not result in legal consequences.
What is the Marchman Act?
The Marchman Act is just a name for a Florida Statute created to help individuals who: (1) have lost the power of self-control over their substance abuse; (2) do not appreciate their own need for help and cannot make rational decisions regarding their care as a result of their substance abuse;
Can an impaired person hire an attorney?
We encourage the petitioner (s) to retain a knowledgeable attorney to assist them in this process if the fees are reasonable, affordable and do not take compromise their ability to provide for treatment services given that state funding is limited. The respondent or impaired person has many rights and is entitled to either hire an attorney or have one appointed if they cannot afford one.
What happens if you refuse to appear in court?
If you refuse, the judge can issue an order for the police to come pick you up and deliver you to the court. This will likely involve at least several days in jail on what amounts to be a no-bail warrant. Judges get angry when people refuse to appear. Don’t tick off the judge. He or she might just be on your side.
What happens if a petitioner cannot prove their case to the judge?
All your attorney really has to do is discredit their allegations. If the petitioner cannot prove their case to the judge, it will be denied and you’re free to go. One thing you don’t want to do is ignore the matter. You don’t have to appear in court just because the petitioner tells you to, and you probably shouldn’t.
What happens if a petition isn't done?
It might even be something they can’t afford. If the petition isn’t done exactly right, your attorney will have it dismissed outright. The smallest technical mistake is enough. Of course, the petitioner can try again, but they must start over, and they might make more mistakes next time.
How to dress conservatively?
This means a neutral-tone jacket, business shirt and tie with nice slacks for men and a skirt, dress or nice pantsuit for women. Stick to neutral colors and make sure you’re covered around the bust area and that your skirt or dress isn’t more than an inch or two above the knee at most.
What happens if you don't need treatment?
If the center thinks you don’t need treatment, you’re free to leave. If they do, the judge will decide how long.
What is the Marchman Act?
This law allows the involuntary substance abuse commitment of someone with a drug abuse problem who is also a danger to themselves or others. Really, the whole idea is in direct opposition to the constitutional guarantees ...
Do you have to appear in court if you refuse to go to court?
You don’t have to appear in court just because the petitioner tells you to, and you probably shouldn’t. However, a summons from the court is a legally binding document making your appearance mandatory. If you refuse, the judge can issue an order for the police to come pick you up and deliver you to the court.
Marchman Act Forms Recommended
Recommended forms are those which are not required by the department, but which have been determined to satisfy the specific requirements for which the form was developed. Alterations of recommended forms may jeopardize this status.
Florida Substance Abuse Impairment Act
The Florida Substance Abuse Impairment Act (166kb) Brief Overview, Policies and Procedures.
Why is a petition denied?
The petitioner may not have proven to the court’s satisfaction that the respondent meets the necessary criteria for evaluation or involuntary treatment, the respondent’s behaviors may be beyond safe management of the provider, treatment services may not be available or neither the petitioner nor the respondent may have the resources to pay for treatment .
How long does a mental health evaluation last?
After the evaluation, the facility may choose to discharge the client, change the status to voluntary, or file a request with the court for admission to involuntary treatment services. The judge may order treatment for up to 60 days. Some counties allow for initial treatment up to 90 days, with renewals every 90 days.
How long does it take to get a substance use evaluation in Florida?
Most Florida counties have certain facilities designated to perform the evaluation. Facilities are given up to 5 days to complete the evaluation, although they can ask the court for an extension if needed.
How long does it take to get an ex parte hearing?
If the situation is not deemed to meet the criteria for an Ex Parte order, the judge may opt to deny the petition or to set a hearing to take place within 10 days. If a hearing is set, the petitioner will be notified by mail and a summons will be issued for the respondent. Both parties must appear at the hearing.
What does the judge do in an emergency?
If the situation is determined to be an emergency, the judge issues an order for law enforcement to pick up the impaired person and bring him/her to a designated facility for evaluation.
What is the Marchman Act?
Marchman Alcohol and Other Drug Services Act of 1993, commonly referred to as the Marchman Act, is a Florida statute providing emergency intervention for those over-using drugs or alcohol. It’s meant primarily to address serious situations where a chronic substance user refuses to seek, or is incapable of seeking, help, ...
What are the criteria for an appropriate referral?
Criteria for an appropriate referral includes: The individual cannot control or stop his or her drug/alcohol use AND is either: Unable to make rational decisions regarding treatment OR. Has inflicted or attempted to inflict self-harm or harm to others. It should be noted that a judge may find that an individual’s refusal to seek treatment may not ...
What is the Marchman Act?
The Marchman Act is primarily for Chemical Dependency/Substance Abuse and is used for involuntary assessment and treatment with initial assessment order for up to 5 days and successive treatment orders of up to 60 days. The Baker Act is primarily for mental illness and is used for commitment to a psychiatric facility for up to 72 hours due ...
Why is a petition denied?
There are a number of reasons a petition can be denied. The respondent doesn’t meet criteria, his/her behaviors are beyond safe management of the provider, treatment services are not available, or for lack of financial means to pay the cost of care.
How long does it take for a patient to be discharged from a hospital?
3-5 days. The patient must then be either changed to voluntary status, discharged, or petition for involuntary treatment must be filed.
How many counties are there in Florida?
We have found that every county is different and there are 67 counties in Florida. One thing remains true for every county and that is this; you must file in the county where the patient resides and plan to be at all future hearings. Typically you file at the main courthouse for that county. They usually have a mental health, probate, or injunction office where you can file. However, some counties have you go to the default assessment/treatment provider and speak with a counselor there who will give you the paperwork and further instructions for submitting petitions.
How long is the Baker Act?
The Baker Act is primarily for mental illness and is used for commitment to a psychiatric facility for up to 72 hours due to mental illness when someone appears to be a danger to themselves or others. If a person is under the Marchman Act, are they made to stay in a locked down program?
How to be notified of a petitioner's hearing?
The petitioner should be notified by mail and the respondent should be served, each must appear for the hearing. The respondent can request legal counsel and have a lawyer appointed when appropriate. Testimony will be taken to see if the criteria have been met. If so the Judge can order an assessment/stabilization or treatment.
Can you file an extension for involuntary treatment?
Yes. Provided that the need for involuntary treatment continues to exist, an extension request can be filed no more than 10 days prior to the expiration of the original order. A hearing would then be set for no more than 15 days of filing. A judge can grant an extension for up to 90 days more days at that point.
