Astor Simovitch Law Blog
How Substance Abuse Interventions Work Under the Marchman Act?
October 07, 2018
Families affected by the disease of addiction face an uphill battle to convince the addict that treatment is necessary. Interventions can, and may work, but sometimes a family must take the proverbial bull by the horns and compel their loved one into treatment by taking advantage of the Marchman Act process. You may, however, have […]
Will the respondent know a Marchman Act petition has been filed?
October 07, 2018
Typically, initially, the respondent is not going to know, because it’s a confidential filing. However, the respondent is entitled to receive notice of the hearing. After the petition is filed, it’s been reviewed, and a hearing has been set, the respondent has to receive notice. Typically it’s done by either a process server, if you’re […]
Who is responsible for the cost of care when someone is confined under the Marchman Act?
October 07, 2018
Typically, under the Marchman Act, the respondent is going to be responsible for the cost of care. If the respondent is somebody who is indigent, in other words, they’re not an affluent wealthy person who doesn’t have private health insurance, then in all likelihood, if the assessment recommends treatment, they’re going to be sent to […]
Who can file petitions for an adult under the Marchman Act?
October 07, 2018
The Marchman Act statute provides for several different types of individuals to be able to file a petition. It could be three friends. It could be family. It could be a spouse. It could be a legal guardian. It could even be a licensed practitioner. Any of those individuals can file a petition with the […]
Who can file for a child under age 18 years of age under the Marchman Act?
October 07, 2018
When dealing with somebody who’s under the age of 18 years of age, the Marchman Act statute provides that a parent or a legal guardian or a licensed practitioner can petition the court and ask the court to intervene and order that the minor be assessed, be stabilized and ultimately be treated under the Marchman […]
Where do I file Marchman Act petitions?
October 07, 2018
If you’re going to petition the court under the Marchman Act statute without use of an attorney, you would have to go down to the clerk of court’s office, fill out the petition, have it notarized, swear that it’s the truth, and then wait to see if the court is going to grant you a […]
What is the maximum time that can be ordered for treatment under the Marchman Act?
October 07, 2018
Under the Marchman Act, the court can order somebody, the respondent, into treatment for up to 90 days. However, if it’s determined that that 90-day period is insufficient to address the substance abuse issue, additional 90-day increments of treatment can be ordered by the court.
What happens if the respondent under the Marchman Act is not compliant with the treatment order?
October 07, 2018
The Marchman Act procedure, the statute under which it’s governed, is civil in nature, as opposed to criminal. When you’re in criminal court, what’s at stake is potentially someone’s liberty. However, that being said, in order to give the court in a civil Marchman Act procedure some leverage over the person, in other words, to […]