Astor Simovitch Law Blog
How long can someone be held for the initial assessment under the Marchman Act?
October 07, 2018
Under the Marchman Act, somebody can be held for assessment for up to five days. However, if that’s not enough time for the treatment provider to conduct the assessment, they can ask the court for an additional seven days so they can complete the assessment and then report to the court what their findings are.
How is the Marchman Act different than the Baker Act?
October 07, 2018
The Marchman Act is typically a process or procedure that’s used to assist somebody who has a substance abuse issue, whereas the Baker Act is typically a process or procedure that’s used to assist somebody who has a mental health issue. Where things get a little bit complicated is that typically somebody who has a […]
How is a Marchman Act petition filed?
October 07, 2018
There are two basic ways that a Marchman Act petition can be filed. If the parent or the guardian or the spouse is filing a petition without using an attorney, they would go down to the clerk of courts office and they would fill out the petition, and then it would get reviewed. If they’re […]
For what reasons can a Marchman Act petition be denied?
October 07, 2018
Under the Marchman Act statute, there are several steps in the process to getting somebody court-ordered into involuntary treatment. Initially, the court is going to review the petition to determine if it’s legally sufficient. It could be denied at that step of the process, or if the court determines that it’s legally sufficient, and the […]
Does the respondent need an attorney in a Marchman Act case?
October 07, 2018
The respondent is a little bit like the petitioner when it comes to the right to counsel. You don’t need a lawyer to file the petition, although obviously, it’s an excellent idea to have a lawyer. The respondent doesn’t need a lawyer. However, under the Marchman Act Statute, they have a right to have counsel […]
Do I need an attorney to file a Marchman Act petition?
October 07, 2018
In theory, you could file a Marchman Act Petition without a lawyer, but trying to file a Marchman Act Petition without a lawyer is akin to trying to self-diagnose a medical problem. You could do it, but it’s not a very clever idea to do that, if you want to file it right. If you […]
Can a treatment order be extended under the Marchman Act?
October 07, 2018
A treatment order can be extended. Typically, the order is for 60 days. However, if the 60-day period is insufficient to address the respondent’s substance abuse issue, that period can be extended for 90-day increments. Typically, if you’re using an attorney, that attorney will use a court certified interventionist who can report to the court […]
Are Marchman Act records confidential?
October 07, 2018
Marchman Act records, and in fact, even the petition itself, is confidential, so somebody can’t go onto the Clerk of Courts website, and look up and see if a petition has been filed. The records that are kept by the substance abuse treatment provider are privileged under HIPAA. Unless the respondent wants to disclose that […]