The Hal S. Marchman Alcohol or Other Drug Services Act of 1993, sometimes known as the Marchman Act, consolidated two different laws dealing with the prevention and treatment of addiction. The Florida Legislature aided families, law enforcement, and local communities by consolidating the early 1970s chapters. It allows people who are coping with a drug use problem to be committed voluntarily or involuntarily (SUD).
What exactly does the Marchman Act entail?
It aggressively encourages those who are struggling with drug abuse to seek therapy on their own. However, in some situations, a major element of the legislation allows for the involuntary commitment of a person with a drug use problem to treatment centers for assessment, stabilization, and treatment.
The Marchman Act, for example, allows a law enforcement officer to use it if they believe a person is under the influence of drugs or alcohol in a public location, or if their conduct has drawn the officer’s notice. A person’s guardian, spouse, or another family may also petition the court to have them involuntarily committed if the petitioners believe they are likely to hurt themselves or do not grasp the dangers of their drug use.
As an aside, people often search for information on The Baker Act at the same time.
When three adults who are aware of a person’s drug misuse petition a court for involuntary commitment to treatment, the Florida Act is also applicable. The petitioners must, however, persuade the court that the individual is incapable of making reasonable judgments about drug use and the need for treatment and that they are in danger of injuring themselves or others.
What exactly does the Marchman Act entail? Ideally, you will be able to persuade your loved ones to freely commit. If the institution finds that they need treatment, they will consent to voluntary admission without the necessity for a petition. If your loved one refuses to be assessed for treatment, you may utilize the Marchman Act to have them committed involuntarily.
Contacting a treatment center to ensure bed availability is one of the initial steps in adopting the Marchman Act. The clerk’s office in your county should include links to the paperwork you need.
Within 10 days after submitting the petition, a hearing is scheduled. If the court grants the petition, police enforcement will issue a Marchman Act order to the individual and attempt to persuade them to attend the treatment center. If the individual refuses to go freely, they will be taken against their will by police authorities.
The Marchman Act, like other legislation, has perks and cons.
The Marchman Act’s Benefits
The Marchman Act has the following benefits:
- You may have no other option in certain cases.
- Even if you don’t qualify for an intervention, it might be beneficial for clinical or budgetary reasons.
- If the individual refuses to accept willingly, it might be utilized as a threat during an intervention.
- It offers a responder precedence for State-Funded Treatment, depending on the county when the person does not have health insurance and/or the family does not have the financial means to pay.
- It transfers the burden of care from the family to the loved one and the law.
The Marchman Act has several drawbacks.
The following are the Act’s drawbacks:
- The procedure might take up to 10 days to complete.
- The respondent may hire a public defender whose only purpose is to get the lawsuit dismissed.
- You should consider employing legal counsel to plead your case and protect your family.
- A genuine address where the individual may be served is required.
- The family member (respondent) often feels victimized and institutionalized, which makes accepting assistance at the point of service difficult. The efficiency of the treatment team is often hampered by this feeling.
- It does not ensure that the individual will be placed in a lockdown unit. It’s merely a court order to attend a voluntary treatment program that will be reported to the court system.
- The order is not enforceable if the individual departs the county where it was filed.
- If the responder is found to have narcotics, criminal charges may be instituted.
- The court may not order the clinically appropriate degree of treatment.
- If the treatment program is located outside of the county in which the order is issued, the court may refuse to allow the respondent to attend because the due process cannot be followed outside of the county.
It’s critical to understand that each county uniquely approaches the Marchman Act procedure, resulting in unexpected results. As a result, many people recommend hiring a professional attorney who is knowledgeable with your county’s Marchman Act procedure.