Seeking addiction treatment for a loved one is difficult, but sometimes a necessity. Florida’s Marchman Act provides a legal process for families to intervene when someone is unable to recognize the severity of their substance abuse. This blog explains how to petition for a Marchman Act to get a family member court-ordered assessment and treatment.
What is the Marchman Act?
The Marchman Act, officially the Hal S. Marchman Alcohol and Other Drug Services Act, provides for voluntary and involuntary substance abuse treatment in Florida. It is named after the late State Representative Hal S. Marchman, a recovery advocate who championed the legislation.
The Marchman Act, passed in 1993, establishes procedures for courts, law enforcement, families and health professionals to initiate interventions for individuals whose alcohol or drug misuse poses a serious threat to their well-being or public safety. It aims to engage substance abusers in treatment, provide due process protections, and expand funding for addiction services.
Overview of Marchman Act Process
The Marchman Act allows for emergency detention for substance abuse assessment and stabilization, usually lasting 3-5 days. After that, a court hearing is held to determine if longer involuntary treatment is merited.
To obtain extended inpatient treatment under the Marchman Act, a family member or loved one must file a petition in circuit court. The petitioner must provide documented evidence that the person meets statutory criteria for substance abuse impairment and the need for involuntary treatment.
If the judge finds clear and convincing evidence, an order may be issued for involuntary admission to a licensed treatment facility for up to 90 days. This initial treatment period can be extended for up to 90 more days, but only with a new court petition and order.
When is a Marchman Act Petition Appropriate?
Seeking a Marchman Act for a family member is an extreme intervention that infringes on their civil liberties. It should only be pursued when voluntary efforts to engage the person in treatment have failed and substance abuse has become life-threatening.
Specifically, the Marchman Act sets strict criteria that must be met to justify a court order for involuntary addiction treatment. Your loved one must:
- Be substance abuse impaired, diagnosed as having a substance use disorder or have a history of such diagnosis.
- Have lost the power of self-control regarding substance use.
- Have inflicted or threatened to inflict physical harm on themselves or others, or be at risk of doing so unless admitted.
- Be in need of substance abuse treatment and unlikely to seek it voluntarily.
- Have experienced at least one prior episode of treatment or hospitalization for substance abuse, making future episodes highly probable absent treatment.
Do not take the decision to pursue a Marchman Act petition lightly. The threshold of harm and severity must be high to ethically justify court-ordered treatment against someone’s will. You should consult with an experienced Marchman Act attorney before taking legal action.
Preparing a Marchman Act Petition
- Filing a Marchman Act petition requires gathering documentation, identifying an appropriate treatment facility, and retaining legal counsel. Key steps include:
- Consult an Attorney
- Engage an attorney experienced in Marchman Act cases. They will advise if you have sufficient grounds and guide you through the legal process. Counsel is not required but highly recommended given the complexity.
- Identify a Treatment Facility
- Locate a licensed facility willing to accept the person under the Marchman Act. Many specialized rehab centers and hospitals have Marchman Act programs. The attorney can coordinate placement.
- Document Evidence
- The petition must lay out clear evidence that the person meets Marchman Act criteria. This includes records of prior substance abuse treatment, diagnoses by qualified professionals, and sworn statements regarding threats or harm.
- Complete Paperwork
- The attorney will prepare the official Marchman Act petition and supporting affidavits. Be prepared to provide background information to satisfy legal standards. You may have to testify at the hearing.
- File with Circuit Court
- The petition must be filed in the circuit court with jurisdiction – typically the county where the person resides. The court schedules a hearing, usually within a few days of filing.
What Happens at a Marchman Act Hearing?
Marchman Act hearings are held in civil court, often lasting 30-90 minutes. The petitioner’s attorney presents evidence through documents and testimony. The person subject to the petition has the right to legal representation and to respond to allegations.
The judge will typically ask clarifying questions of those present. They then determine if clear and convincing evidence justifies involuntary treatment. If so, the judge orders admission to the identified treatment facility for up to 90 days. The person will be transported to the facility by law enforcement or a court-appointed escrow service.
After Involuntary Treatment
Marchman Act treatment aims to stabilize the person, address immediate substance issues, engage them in recovery services, and begin long-term treatment planning. They cannot be held beyond 90 days without another court order. The goal is to transition the person to voluntary participation.
Upon release, the treatment facility will provide discharge recommendations. These often include formal outpatient counseling, support groups, sober housing, etc. Follow-up care is crucial for maintaining sobriety.
Some may require medication-assisted treatment or mental health services. Family support also improves outcomes. But the individual must take responsibility in following through after their involuntary commitment.
Alternatives to Marchman Act Petition
While the Marchman Act provides a legal process for mandated treatment, it should be a last resort after other options fail. First, pursue:
- One-on-one encouragement and intervention. Compassionately convey your concerns and offer to help access treatment.
- An intervention with family, friends, employers or faith leaders. This group pressure may persuade them to accept help.
- Offer to arrange and pay for treatment or transportation. Remove barriers to voluntary engagement.
- Outpatient counseling, recovery meetings, or faith-based programs. These could prepare the person to eventually enter residential rehab.
- Temporary hospitalization through emergency commitment laws, which allow shorter involuntary holds for extreme intoxication.
Marchman Act Success Factors
The Marchman Act provides a legal tool but should not replace efforts to inspire voluntary treatment engagement. To increase chances of lasting change:
- Seek comprehensive evaluation and high-quality treatment programs, not just interim stabilization.
- Petition sooner rather than later. Long-term addicts may require extended residential treatment and recovery support.
- Focus on their transition plan, aftercare services, and sobriety support system. Recovery coaching can help prevent relapse.
- Make your home environment recovery-friendly. Allow the person space but provide accountability.
- Participate in family education and counseling. Support their recovery journey.
- Embrace a non-confrontational approach. Psychological change takes time.
For best results, combine compassion, patient persistence and leveraging available psychological, social and community resources. Legal leverage through the Marchman Act should be used selectively and ethically. Consult an attorney to navigate this complex process. But remember, your loved one must do the difficult work of recovery themselves.
FAQS
FAQ 1: What is the Marchman Act?
The Marchman Act is a Florida law that allows families to petition the court to order substance abuse assessment and treatment for a loved one who meets certain criteria. It provides a legal process for involuntary addiction treatment when voluntary efforts have failed.
FAQ 2: When can you file a Marchman Act petition?
A Marchman Act petition may be filed when a loved one’s alcohol or drug addiction poses a serious threat to their welfare or others, they are unable to recognize their need for treatment, and they refuse voluntary treatment options. Specific criteria must be demonstrated.
FAQ 3: What happens after a Marchman Act petition is granted?
If a judge finds clear evidence that Marchman Act criteria are met, they can order the person to undergo involuntary assessment and treatment at a licensed facility for up to 90 days. The goal is to engage them in voluntary recovery services. Follow-up care after discharge is crucial.
Consult an Experienced Marchman Act Attorney
Seeking court-ordered treatment through the Marchman Act is complex and high-stakes. An experienced attorney can advise if your situation meets strict legal criteria. They handle the legal details, freeing you to focus on your loved one’s health and well-being.
To discuss a potential Marchman Act petition in Palm Beach County, contact The Law Offices of Michael T. Rabideau. Their knowledgeable attorneys provide honest guidance to families in crisis. Call today at 561-820-4848 for a free case review.
