When a loved one is struggling with addiction, it’s hard to see how it’s affecting their life. It can be even more difficult if they refuse to get treatment despite negative consequences like physical health issues, relationship problems, financial difficulties, or struggles at work or school caused by substance use.
However, all hope isn’t lost. Many resources can help encourage your loved one to seek treatment, and even legal tools can assist in this challenging situation. One such tool is the Marchman Act, Florida’s involuntary substance abuse treatment law.
What is it, and how does it work? We’ll provide a full breakdown of involuntary substance abuse treatment options, Florida’s laws, and local treatment options you can turn to for help.
What is the Marchman Act?
The Hal S. Marchman Alcohol and Other Drug Services Act was passed in 1993. It allows both voluntary and involuntary assessment, stabilization, and treatment of individuals struggling with substance abuse.
The law was passed to provide an option for family members and loved ones to intervene when someone they know is struggling with addiction and not seeking help.
Florida’s Judicial Circuit also states that a concerned sheriff or treatment center representative can invoke the Marchman Act when they see someone significantly impaired by drugs and unable to control their behavior.
Therefore, it allows legal intervention for addiction in Florida for many people who could be concerned about a person’s substance use.
Criteria for Involuntary Admission
Florida substance abuse laws state that an individual needs to meet certain criteria before they’re eligible for involuntary admission. The three primary criteria under the Marchman Act are:
- The person has lost self-control and is unable to manage substance use on their own.
- The individual has inflicted, attempted, or threatened harm to themselves or others.
- The person shows signs that they need substance abuse treatment and are too impaired to understand why they need treatment.
- The criteria state that someone simply refusing treatment isn’t enough to prove this. More sound evidence is needed, such as medical records showing they have physical health issues caused by substance use that they aren’t treating or continued legal problems caused by behaviors related to substance use.
The petitioner trying to invoke the Marchman Act would need to present reasons why the individual struggling with substance use meets these criteria in front of a judge so they can approve its enforcement. The law states that the individual must meet criteria #1 and either #2 or #3 to qualify.
The Marchman Act Process
The Marchman Act process involves several steps before a petition is approved.
Filing a Petition
The first step is filing a petition. People who qualify to file include a:
- Spouse
- Relative
- Legal guardian
- Sheriff
- Treatment center representative
Additionally, three or more adults who don’t fall under these categories (such as concerned friends or co-workers) can file simultaneously to legally start a petition.
To file, start by contacting a local treatment center and confirm that they have a bed or room available. Then, you’d go to the county court where the individual resides. Your county clerk will provide you with the correct forms, which usually ask for details like:
- The person’s description
- Their current residence or location
- The name and address of the facility they’ll go to
- The date and time the treatment center stated they’d have a room available
- If there are medical conditions the individual has and current medications
A court hearing usually takes place within ten days of filing the petition.
Court Procedures
During the court procedure, the person or group of people who filed the petition will present evidence to a judge why the individual struggling with addiction meets the criteria of the Marchman Act. It’s usually best to have an attorney represent you so they can help you prepare your case and present the information appropriately.
If a judge rules that the evidence you presented is reasonable within the guidelines of the Marchman Act, an involuntary assessment and stabilization period will begin to medically determine if the individual will benefit from a full drug treatment program.
The law states that a local service provider must assess the individual within 72 hours, and the stabilization period can’t last more than five days.
If it’s medically determined that the individual requires a full treatment program, an involuntary treatment order will be given that can last up to 60 days and may be extended up to 90 days.
An individual who doesn’t comply with these orders would be held in contempt and may be held in a detention facility.
Post-Treatment Outcomes
After the court-ordered treatment is complete, the individual can choose to continue with voluntary treatment if they feel they could still use help. Anyone who isn’t sure if longer treatment is needed should discuss it with the medical staff and therapists at the facility to come up with a plan for success that works best.
Many treatment centers will also offer aftercare and will give patients information about local resources like support groups they can attend or therapists they can connect with to help maintain sobriety as they transition back to normal everyday life.
Rights and Protections
Both the individual struggling with substance use and the petitioner have legal protections when the petition for the Marchman Act is filed.
Protections for the Individual
The individual who the petition is filed against has the right to legal representation, and they can defend their case why they don’t meet the Marchman Act’s criteria and don’t require substance abuse treatment.
They also have a right to confidentiality of proceedings and records. Marchman Act cases aren’t criminal proceedings, so more confidentiality is available, and the petitioner doesn’t have to worry about giving their loved one a criminal record that would affect their life in other ways.
Protections for the Petitioner
The petitioner is protected from civil and criminal liability when acting in good faith and out of concern for a loved one.
How United Recovery Project Can Assist
United Recovery Project is a drug and alcohol addiction treatment center in Florida. If you’re concerned that you or a loved one may be struggling with addiction and need support, we’re here to help.
You can consult with us about your specific situation and our treatment team can provide guidance whether you’re planning to file a petition for the Marchman Act or need to confirm that a bed will be available for a loved one to begin treatment.
All our treatment programs are evidence-based and tailored to individual needs to achieve the best results and long-term sobriety. Our friendly and knowledgeable treatment team will be here with you each step of the way.
You can get in touch today. Visit our contact page or call us at 888-960-5121 for more information or to schedule a consultation.
References
- “Marchman Act.” The Eleventh Judicial Circuit of Florida, https://www.jud11.flcourts.org/Marchman-Act
- A PETITIONER’S RESPONSIBILITIES under the HAL MARCHMAN ACT. Florida Pasco County Clerks, https://fl-pascocountyclerks.civicplus.com/DocumentCenter/View/274/Petitioner-Responsibility-Under-the-Hal-Marchman-Act?bidId=
- “Ex Parte Baker Act & Marchman Act.” The Eighth Judicial Circuit of Florida, https://circuit8.org/departments-services/ex-parte-baker-act-marchman-act/
