Florida Marchman Act Attorney
The Marchman Act is a life-saving legal intervention designed to ensure that people with a substance use disorder can access the treatment they need to begin their journey to recovery. If your loved one is struggling with substance use and is unable or unwilling to make the decision to go to treatment, and stay there long enough, an attorney who specializes in handling this type of case can help you explore your legal options and make a decision that prioritizes your loved one’s best interests.
The team at Astor Simovitch Law has decades of experience in this complex area of law and is ready to guide you every step of the way.
What Is The Marchman Act?
The Hal. S. Marchman Alcohol and Other Drug Services Act was passed in 1993 in recognition of the fact that substance abuse is a serious public health issue that requires a specialized legal framework to ensure those struggling with addiction get the help and support they need. The Marchman Act’s key provision allow a person with substance abuse issues to be compelled to undergo involuntary assessment and treatment for a substance abuse disorder.
Since any concerned person who knows about an individual’s substance abuse can begin Marchman Act proceedings, the Act is an indispensable tool for families who have exhausted all other options to try to get their loved one into treatment voluntarily. If you are uncertain whether it is appropriate to take this step, consulting with a Marchman Act attorney who specializes in these cases can help you make an informed decision.
Overview Of The Process For Marchman Act Interventions
The Marchman Act provides four main ways in which involuntary admission of a person with a suspected substance abuse disorder can be initiated. These are:
- Admission by court order following a ‘petition for involuntary treatment services (this is the most used and typical method of getting a Marchman Act Order)
- Admission by a law enforcement officer who takes the person with a suspected substance abuse disorder into protective custody;
- Emergency admission by a physician who examines a person with a suspected substance abuse disorder; and
- Admission of a minor by the minor’s parents or legal guardian under the Act’s alternative admission procedures for minors.
If you are concerned that your loved one has a serious substance abuse disorder, you will need to bring a petition for involuntary treatment services. With a a competent attorney to represent you throughout the process, you can turn your focus to supporting your loved one in their hour of need.
Process And Criteria For Admission For Involuntary Assessment Under The Marchman Act
Navigating the process to initiate Marchman Act proceedings can be overwhelming for those unfamiliar with its requirements. In this section, we provide a basic overview of the steps that need to be followed when initiating involuntary treatment by way of a court order.
Petition
The first step you will need to take is to file a petition for involuntary treatment services with the court. A spouse, family member, friend, sheriff, treatment center representative, or any other concerned person familiar with the respondent’s circumstances may file a petition under the Marchman Act.
Criteria
The court will only grant a petition for involuntary treatment services if there is a good faith reason to believe that the person who is the subject of the proceedings is experiencing impairment due to substance abuse, and as a result of such impairment:
- They have lost the power of self-control with respect to substance abuse; and
- They are unable to appreciate that they require treatment for a substance abuse disorder and are incapable of making a rational decision in this regard; or
- They have attempted to or are at real risk of inflicting harm on themselves or others.
Evidence
Compelling evidence that these criteria have been met must be presented to the court if the petition is to be successful. Your attorney will help you to collect and prepare the necessary evidence. As the petitioner, you will need to provide sworn testimony that evidences the extent of your loved one’s impairment due to substance abuse, citing, for example, erratic or violent behavior, physical signs of substance abuse, inability to care for themselves, threats of self-harm or harm to others, and neglect of responsibilities. You should also include relevant medical records and obtain witness statements from others who have observed your loved one’s impaired condition.
Hearing and outcome
At some point during the process, the court will conduct a hearing to review the evidence and decide whether the legal criteria have been met. The respondent will also have an opportunity to address the court. If the petition is granted, the court may order that the respondent be taken into custody by law enforcement and delivered to a treatment center for involuntary assessment, unless they are willing to appear voluntarily, pursuant to the Order for Treatment Services.
Process And Criteria For Involuntary Treatment Under The Marchman Act
The first part of the Marchman Act is the period of assessment which can be initiated on an emergency Ex Parte basis, or the Court can set a hearing. Once the written assessment has been completed it must filed the Court. The assessment must contain the findings and recommendations of the qualified professional who assessed the respondent, as well as other relevant evidence.
At the treatment services hearing, at which the respondent should be present, if the court is satisfied that the criteria have been met, it will grant the petition and order that the respondent undergo involuntary treatment for a substance abuse disorder for a period of up to ninety (90) days. If necessary, further proceedings can be brought to request that the court extend the treatment period for up to an additional ninety (90) days.
How Can an Attorney Help Me?
It can be incredibly distressing to witness a loved one fall deeper into the grip of addiction. If your loved one refuses to acknowledge they have a substance abuse problem and repeatedly rejects treatment, the Marchman Act could be the lifeline they desperately need. The guidance and support of an experienced Attorney will be invaluable to you as you navigate the applicable legal processes. They will:
- Consult with you to determine whether the Marchman Act is a suitable intervention for your loved one, advise you on your legal options when your loved one’s substance abuse disorder co-occurs with mental illness, and recommend reputable treatment centers;
- Meticulously prepare all petitions and court documents, collate the necessary evidence, and liaise with the relevant court officials;
- Represent you at the hearings ;
- Help you to determine whether you need to apply for a treatment extension for your loved one; and
- Advise you on whether additional legal interventions, such as emergency temporary guardianship, are necessary.
Working with an experienced attorney will give you peace of mind that your loved one’s best interests are protected and that they will have a genuine chance at recovery.
Meet Florida’s Leading behavioral health Attorneys
The team at Astor Simovitch Law has worked with thousands of families across the country Florida to help them get their loved ones the treatment they need. We are passionate about using Florida’s mental health and substance use laws to initiate targeted, life-saving legal interventions for those struggling with addiction and mental illness.
We strive to use our legal acumen and extensive experience to give your loved one the best possible chance at life long recovery, and we will connect you with our specialized care team to ensure your loved one benefits from a personalized treatment plan that is tailored to their needs.
For a compassionate, trustworthy, and highly qualified Marchman Act attorney, contact us today at 561-419-6095.
Do NOT try and file a Marchman Act petition on your own…You need an experienced Marchman Act attorney to give your loved ones the best chance at a successful recovery!
- Do You Have A Loved One In Crisis Due To Substance Abuse?
- Are you in need of an effective way to help them get the care they need?
- Have you exhausted all other attempts and don’t know where to turn?
- Are you in need of a Marchman Act Attorney in Florida?
SUCCESSFUL & CONFIDENTIAL COURT INTERVENTIONS
Our Experienced Marchman Act Attorneys can:
- Obtain confidential, court-ordered drug and alcohol intervention, assessment
and stabilization - Connect families with quality professionals and resources
- Help individuals with co-occurring substance abuse and mental health issues
- Assist with treatment insurance (SSI, Medicare,Medicaid, cash pay)
- Create and implement legal strategies
- Give you peace of mind