The Marchman Act Petition for Involuntary Assessment may be filed when there is a good faith reason to believe an individual is substance abuse impaired, with or without a co-occuring mental health disorder, and because of the impairment, has lost the power of self-control with respect to substance.
Full Answer
How do I file a Marchman Act petition?
The Marchman Act is initiated by filing a petition for involuntary assessment in the county court where the impaired individual resides. The petition must be filed in good faith by a person recognized by the court to do so. The petitioner must have reason to believe, and/or direct knowledge...
What is the Marchman Act in Florida?
Use of the Marchman Act in Florida is also allowed when 3 adults who know of a person’s substance use petition a judge for an involuntary commitment for treatment. However, even if a person uses substances a great deal, and refuses to go to treatment, this is not enough to invoke a Marchman Act.
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.
How to file a petition for involuntary examination in Florida?
By completing the petition, you are requesting that the court enter an order for the person to be involuntarily transported and examined at a designated mental health facility. You may file Petition for Involuntary Examination at the offices of the Clerk of Court Monday through Friday from 8 AM to 5 PM.
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 do I invoke the Marchman Act?
The Marchman Act is initiated by filing a petition for involuntary assessment in the county court where the impaired individual resides. The petition must be filed in good faith by a person recognized by the court to do so.
How does the Marchman Act work in Florida?
What is the Marchman Act? The Marchman Act is the nickname for a Florida Statute best known for its unique provisions that allow family members to petition the courts for mandatory assessment and treatment of someone who is abusing drugs or alcohol appear to be a danger to themselves or others.
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 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 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.
How long does a Marchman Act last in Florida?
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.
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.
What is the difference between the Marchman Act and the 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.
What do you do if someone refuses mental health treatment?
If the person refuses to follow the treatment plan, he/she can be sent to jail. Mental health courts have been shown to be very effective in keeping people on medication, and in reducing rehospitalizations, incarcerations, and violent behavior.
How do you get someone admitted to mental illness?
How to Initiate the Process of Committing SomeoneYour family doctor or a psychiatrist.Your local hospital.A lawyer specializing in mental health law.Your local police department.Your state protection and advocacy association.
Can involuntarily committed patients refuse medication?
In other words, involuntarily hospitalized patients still have a right to decide what happens to their bodies. Unfortunately, the right to refuse treatment can, and does, result in some patients being locked up in a hospital where doctors then cannot proceed with treatment.
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 judge agrees to a Marchman Act petition?
If the judge agrees to the petition, law enforcement will serve the person with the Marchman Act order and try to get them to go to the treatment facility. If the person does not agree to go voluntarily, law enforcement will take them against their will. 2. You are not alone. You deserve to get help for substance addiction.
What happens if a person refuses treatment for a substance use disorder?
However, if the person refuses treatment assessment for a substance use disorder, you have the option to petition the court to exercise the Marchman Act and commit the person involuntarily to addiction treatment.
What is the Marchman Act?
The Marchman Act is a civil and involuntary commitment statute in the state of Florida, and exists to provide means to voluntarily or involuntarily commit those who are struggling with a substance use disorder (SUD).
How long is a person held in a treatment facility under the Marchman Act?
A person committed to a treatment facility under the Marchman Act will be held for 5 days.2 The facility may file for a longer-term commitment in some cases, up to 60 days.3.
What is the Baker Act?
The State of Florida also has a law known as the Baker Act, which provides a means to commit someone involuntarily for mental illness treatment. The Baker Act is similar in the procedure and process, but it does not involve substance use treatment.5.
Can a guardian petition a court for substance use?
Typically, a person’s guardian, spouse, or other relative can petition the court to have a person involuntarily committed for substance use if it is determined that the person is likely to harm himself or herself, or they cannot understand that their substance use is harmful to them. Use of the Marchman Act in Florida is also allowed ...
Can you invoke the Marchman Act in Florida?
Use of the Marchman Act in Florida is also allowed when 3 adults who know of a person’s substance use petition a judge for an involuntary commitment for treatment. However, even if a person uses substances a great deal, and refuses to go to treatment, this is not enough to invoke a Marchman Act. The judge must be convinced ...
What is the Marchman Act?
Marchman Act. The Marchman Act provides for the involuntary assessment and stabilization of any person, juvenile or adult, whose abuse of alcohol and drugs is beyond the person's control and is presenting a danger to the person or people around them. For information on filing the Marchman Act refer to the Stewart-Marchman-Act Behavioral Healthcare ...
What is the Baker Act?
The Baker Act is a tool to facilitate the proper care and treatment of mentally ill individuals in a dignified manner and to ensure the return of the patient to the community as soon as possible. Provisions of the act allow for the involuntary treatment of those individuals if very specific conditions are met, which may include the belief that a friend or family member is mentally ill and because of the illness is refusing examination and treatment by health care professionals, and if there is sufficient reason to believe that without care or treatment the person is likely to suffer from neglect and is a possible threat to himself or another person. To initiate a Petition for Involuntary Examination refer to the contact info below for the Stewart-Marchman-Act Behavioral Healthcare 24 hour Access Center. In Volusia County, the petition to the court and written instructions for filing the petition for Baker Act can be obtained at a local Law Library. A Judge will review the petition and evidence in the case and make a decision regarding the examination.
What is the Adult Protective Services Act?
The Adult Protective Services Act provides that if the Department of Children and Families determines that an aged or disabled person is being abused, neglected or exploited and is in need of protective services, but lacks the capacity to consent to protective services, the department shall petition ...
How is a petition reviewed?
The petition will be reviewed at the initial hearing by a judge who may either order the assessment or dismiss the petition. Depending on the severity of the person's condition, the assessment may be done while the client is in the 24-hour care of an Addiction Receiving Facility or at an outpatient office.
What is mental health risk protection?
Mental Health, Risk Protection & Firearm Disabilities. Provides information to families or individuals about filing with the court to request that someone be involuntarily evaluated and/or treated for mental illness, alcohol or substance abuse, to protect vulnerable or disabled persons from being abused, neglected or exploited by others.
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.
What is the criteria for a mental health petition?
The petition must meet the following criteria: There is reason to believe that a person is mentally ill and because of his or her mental illness: The person has refused voluntary examination OR is unable to determine whether an examination is necessary. AND.
Who can file an ex parte petition for involuntary examination?
An Ex Parte Petition for Involuntary Examination may be filed by: Anyone who has observed the behavior and can describe the actions of a person that cause them to think the person has a mental illness and requires a mental health examination. The petition must meet the following criteria:
What happens if an ex parte petition is not filed?
If the petition does not meet the criteria for an ex parte involuntary examination, the Court may dismiss the ex parte petition or set a hearing on the petition. If set for a hearing, the person will be served with a copy of the ex parte petition and receive notice of the hearing. The petitioner will also receive notice ...
What is the mental health program?
The Mental Health Program is designed to provide you with information regarding Ex Parte Baker & Marchman Act Petitions for Involuntary Examination and Assessment and Stabilization. As in all matters involving legal issues, it is recommended that you obtain the services of a lawyer. It is important for you to understand that the Court and the Program staff does not represent you,#N#YOU represent yourself.
What happens if you serve a copy of an ex parte petition?
If set for a hearing, the person will be served with a copy of the ex parte petition and receive notice of the hearing. The petitioner will also receive notice of the hearing and must attend the hearing in order to provide testimony in support of the petition.
When to file an involuntary assessment?
The Marchman Act Petition for Involuntary Assessment may be filed when there is a good faith reason to believe an individual is substance abuse impaired, with or without a co-occuring mental health disorder, and because of the impairment, has lost the power of self-control with respect to substance.
Where to file an involuntary examination?
You may file Petition for Involuntary Examination at the offices of the Clerk of Court Monday through Friday from 8 AM to 5 PM. There is no filing fee required to file a Petition for Involuntary Examination.
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 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 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.
Do you have to prove you don't have a drug problem to a judge?
As the petitioner, the entire burden of proof is yours. The respondent doesn’t have to prove they don’t have a drug problem.
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.
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.