A spouse, relative, guardian, or three concerned unrelated individuals can file a Marchman Act petition if they’ve observed the person’s uncontrollable substance use behavior. A physician, therapist, or law enforcement officer can also file an emergency petition for involuntary treatment.
Full Answer
How do I file a Marchman ACT form in Florida?
You can file the Marchman Act forms at your local county clerk or comptroller’s office in the state of Florida. While this is a state statute, laws like the Marchman Act in other states may allow you to intervene for a friend or relative who lives elsewhere.
Do I need a Marchman Act petition to enter a facility?
If it is determined at the facility that the person needs treatment, hopefully, they will then agree to a voluntary admission and no petition for a commitment under the Marchman Act will be needed.
When to file a Marchman Act order for a child?
Children under the age of 18 can receive court-ordered treatment and evaluation under a Marchman Act order if a petition is filed by their parent, guardian, custodian, or licensed medical or mental health professional. How Do I File a Marchman Act Petition in Florida?
How much does it cost to file the Marchman Act?
Hiring a lawyer to file the Marchman Act is generally the most expensive option, with retainers typically ranging anywhere from $7,500-$9,500.
What is the criteria for a Marchman Act?
A person meets the criteria for involuntary admission if there is good faith reason to believe the person is substance abuse impaired and, because of such impairment: (1)Has lost the power of self-control with respect to substance use; and either (2)(a)Has inflicted, or threatened or attempted to inflict, or unless ...
How long is a Marchman Act good for?
5 daysHow Long Does the Marchman Act Last? A person committed to a treatment facility under the Marchman Act will be held for 5 days. The facility may file for a longer-term commitment in some cases, up to 60 days.
How many people does it take to Marchman Act?
That petition must be filed in good faith by someone that the court recognizes as able to do so (only a spouse, blood relative, or any three individuals who are aware of the person's substance abuse are recognized by the courts as being able to file for the Marchman Act)
How much does the Marchman Act cost?
$7,500-$9,500Hiring a lawyer to file the Marchman Act is generally the most expensive option, with retainers typically ranging anywhere from $7,500-$9,500.
What happens after a Marchman Act?
After the evaluation, the facility may choose to discharge the client, change the status to voluntary, or file a request with the court for admission to involuntary treatment services. The judge may order treatment for up to 60 days. Some counties allow for initial treatment up to 90 days, with renewals every 90 days.
Can you refuse Marchman Act in Florida?
He/she can deny the petition, set a hearing for within 10 days, or send out law enforcement to pick up the respondent for assessment/stabilization via emergency Ex Parte order.
How do you have someone committed in Florida?
To be Backer Acted in Florida a person must meet certain criteria. The individual must be showing signs of mental illness, a failure to understand why an evaluation may be needed, and/or posing a threat to themselves or others. Usually, a Baker Act is used in response to a mental health emergency.
How do you fight a Marchman Act?
To file a Marchman against you, family members or three or more unrelated persons together must file a petition in the court. An attorney isn't necessary, but it's highly advisable. It's highly likely that unless someone has filed this before, they will make important mistakes unless they have an attorney.
What is the difference between Marchman Act and Baker Act?
These acts mean that a person can be held for up to 72 hours for an involuntary assessment for mental health or substance abuse issues. Specifically, the Baker Act is for mental health issues, and the Marchman Act is for those struggling with substance abuse issues.
How do I file an ex parte order in Florida?
The petition may only be filed by: You must provide the court with sworn written testimony before a notary that meets the criteria set forth by Florida law. The person must be in the county where the petition is filed and cannot be in jail. Include the person's health insurance information, if any, in the petition.
How do I contact the show Intervention?
3 Ways you can get started:Call now to speak with a member of our staff 1 (888) 291-8514.Start a conversation with a live intervention specialist via chat.Fill out our confidential contact form below and one of our counselors can respond.
What states have Marchman Act?
States with and Without Mandatory Addiction Treatment LawsAlabama. Drugs and alcohol are excluded from the definition of mental illness in Alabama. ... Alaska. ... Arizona. ... Arkansas. ... California. ... Colorado. ... Connecticut. ... Delaware.More items...•
How to file the Marchman Act?
Simply go to your local county courthouse, complete the Marchman Act package, and submit it to the court. However, keep in mind that since you are the petitioner it is your responsibility to make sure that all the details of the case are in order.
What is the Marchman Act?
The Hal S. Marchman Alcohol and Other Drug Services Act of 1993, or more commonly referred to as the Marchman Act, provides for emergency assistance and temporary detention for individuals requiring substance abuse evaluation and treatment in the state of Florida.
What happens if a petition is served on the respondent?
The Hearing. When the petition is ready, it must be served on the respondent. Your next step is to attend the court hearing. If the respondent fails to appear after being served with the court summons, the judge will probably order the police to pick them up and detain them for another hearing.
What happens if a petition is moot?
If the judge thinks the petition has merit, he or she will order the respondent to report to a treatment center selected by the court. If the respondent fails to obey, they’re in contempt of court and can be arrested and delivered to the facility by force. The facility will evaluate the respondent and make its report to the court. It will either confirm that treatment is necessary, deny it or change it from involuntary to voluntary treatment. If that happens, the petition is basically moot, anyway. The judge may also decide the petition isn’t valid. In that case, the respondent is free to go.
What is the name of the document that you file in court?
The Petition. You will first need to prepare and file a court document called a petition. Since you are the one filing, you are called the petitioner. The other party is called the respondent.
Can a petition be dismissed?
Like most matters of law, preparing and filing the petition is tricky. It’s easy to make a technical mistake that the respondent’s attorney can use to have it dismissed. If that happens, the judge will dismiss the action, and you must start over if you still want to pursue the matter.
How to invoke the Marchman Act in Florida?
In order to invoke the Marchman Act and get a person in long-term drug rehab in Florida, you need to have direct evidence of their substance abuse.3 This isn’t the same for the Baker Act, meaning it’s enough to just co-sign that your loved one requires urgent medical help. The Florida Baker Act form is also somewhat simplified compared to ...
When was the Marchman Act enacted?
The federal government enacted the Marchman Act in the early 1970s, but it was refined in 1993.4 According to the Florida Law on Substance Abuse Treatment, it allows families and Meridian staff to request the involuntary assessment if the person is:5. A substance abuser who is likely to harm himself or others.
What is the AAC for Marchman?
If you need help understanding how to Marchman act someone, the American Addiction Centers (AAC) can help. Their helpline can provide you with all the necessary answers to your questions and help you get professional guidance for your loved one via phone. Other than their rehab facilities in Florida, they have other facilities in the country, offering treatment services to those in need.
What is the difference between the Baker Act and the Marchman Act?
Baker Act, there are some key differences. The Marchman Act Florida law is invoked for individuals who are deemed deeply impaired because of substance abuse. On the other hand , the Baker Act is a law meant to provide people with a way to get help for their loved ones who are suffering from a crippling mental ...
What is the Marchman Act?
If you are a Florida resident, you can use the Marchman Act and the Baker Act to help people around you who are facing difficulties get proper help if the institutions deem it medically necessary. One of the most difficult tasks for families affected by substance abuse is convincing the addict that drug rehab is needed.
How long can you stay in a drug rehab facility in Florida?
The patient might stay in involuntary treatment for up to 60 days, but the court may extend this for up to 90 days.
How long can you be held in Florida for Baker Acted?
For example, when you’ve Baker Acted someone, they can be held involuntarily just for 72 hours, or 3 days.9 On the other hand, the Marchman Act Florida statute requires individuals to stay in the involuntary hold for up to 5 days. The criteria for the two acts are different.
What is the Marchman Act?
What is Marchman Act? Florida law provides a way for medical professionals, spouses, guardians, and friends of someone struggling with addiction to petition the court to order involuntary assessment and treatment for drug or alcohol abuse. Under certain conditions, the Marchman Act allows a responsible adult to file the paperwork asking ...
How long can a person be detained under the Marchman Act?
After the first 90 days of court-ordered treatment and review by the judge of treatment progress reports, they may order an additional 90 days of involuntary treatment if necessary. This is the maximum time that your loved one can be detained under a single Marchman Act petition. GET HELP TODAY.
What is a drug rehabilitation order?
The statute allows the court to issue a drug rehabilitation order or involuntary alcohol treatment for those who have lost the ability to make reasonable treatment decisions because of the disease of addiction. Prescription drugs, alcohol, or illegal street drugs including heroin, ecstasy, LSD, cocaine, and methamphetamine can be grounds ...
What drugs can be grounds for a Marchman Act judgement?
Prescription drugs, alcohol, or illegal street drugs including heroin, ecstasy, LSD, cocaine, and methamphetamine can be grounds for a Marchman Act judgement. LEARN MORE.
Can a court order involuntary treatment?
The court will not order involuntary treatment unless there is a plan in place to pay for it. Some of the possible ways that treatment costs can be covered include: As the person who files the petition, if you have insurance or the means to pay for the treatment, the court may require you to do so.
What is the Marchman Act?
The Marchman Act is primarily for Chemical Dependency/Substance Abuse and is used for involuntary assessment and treatment with initial assessment order for up to 5 days and successive treatment orders of up to 60 days. The Baker Act is primarily for mental illness and is used for commitment to a psychiatric facility for up to 72 hours due ...
How long is the Baker Act?
The Baker Act is primarily for mental illness and is used for commitment to a psychiatric facility for up to 72 hours due to mental illness when someone appears to be a danger to themselves or others. If a person is under the Marchman Act, are they made to stay in a locked down program?
Can you file an extension for involuntary treatment?
Yes. Provided that the need for involuntary treatment continues to exist, an extension request can be filed no more than 10 days prior to the expiration of the original order. A hearing would then be set for no more than 15 days of filing. A judge can grant an extension for up to 90 days more days at that point.
Does the Marchman Act mean free treatment?
The Marchman Act does not mean FREE TREATMENT! Programs that receive state funding cannot refuse a person for financial reasons buy they can do the following: Charge co-payments (from several hundred to several thousand dollars) Place the patient on a long waiting list.
Is the Marchman Act a comprehensive intervention?
The Marchman Act is not a comprehensive intervention or treatment plan. At Intervention Pros we specialize in creating intervention and treatment plans to support your family through a process that very often does NOT require court orders. For a free consultation call now.
Does the Marchman Act guarantee care?
The Marchman Act does NOT guarantee that your loved one gets the care they need no matter how bad their condition may seem to you. Once you file it is up to the treatment provider and the Judge to make decisions and enforce compliance.
Is the Marchman Act locked down?
The Marchman Act does not guarantee that the respondent will be in a “Locked down” or “Secured” facility ; it is rare that the evaluation or treatment center is locked. Your loved one could end up in jail if they are not compliant.
Marchman Act Forms Recommended
Recommended forms are those which are not required by the department, but which have been determined to satisfy the specific requirements for which the form was developed. Alterations of recommended forms may jeopardize this status.
Florida Substance Abuse Impairment Act
The Florida Substance Abuse Impairment Act (166kb) Brief Overview, Policies and Procedures.