Astor Simovitch Law Blog
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 […]
What can I expect after I file a Marchman Act petition?
October 07, 2018
After a Marchman Act petition is filed, the clerk or court then has 10 days to set the petition for a hearing before a judge or a magistrate. If that happens, it’ll then be the responsibility of the local sheriff or law enforcement officer or, if you hire a lawyer, their process server to notify […]
What are the criteria to prove a Marchman Act case?
October 07, 2018
Typically, under the Marchman Act statute, you’re dealing with somebody who has lost the ability of self-control or they’ve lost self-control because of their substance abuse issues and they’re a threat to themselves. Physically, they may be a threat to somebody else. They’re not capable of making intelligent, knowing decisions, and they’re refusing to go […]
If I Marchman Act someone, is the treatment provider obligated to share information with me?
October 07, 2018
Under the Marchman Act procedure, the whole process is confidential. The actual filing of the petition is confidential. It’s not something that you could look up on the Clerk of Courts screen. With regards to the provider, because of HIPPA, those records, those medical records, are confidential unless the respondent, the person who is getting […]