Who is responsible for the cost of care when someone is confined under the Marchman Act? Typically, under the Marchman Act, the respondent is going to be responsible for the cost of care. If the respondent is somebody who is indigent, in other words, they’re not an affluent wealthy person who doesn’t have private health insurance, then in all likelihood, if the assessment recommends treatment, they’re going to be sent to a county provider for substance abuse treatment.
Full Answer
What is the Florida Marchman Act?
Oct 21, 2019 · Understanding the Marchman Act. The Hal S. Marchman Alcohol and Other Drug Services Act of 1993, commonly referred to as the Marchman Act, is a Florida statute providing emergency intervention for those over-using drugs or alcohol. It’s meant primarily to address serious situations where a chronic substance user refuses to seek, or is ...
What happens if a Marchman Act order is served?
When the individual does not have health insurance and/or the family does not have the means to pay, Marchman Act can, depending on the county, give a person priority for State Funded Treatment. It can take the burden off of the family and place it between the loved one and the law.
Do I need a Marchman Act petition to enter a facility?
A plan to pay for the court-ordered treatment is an essential part of a Marchman Act petition. Depending on the situation, there are several ways the costs of assessment and treatment can be covered: If the petitioner has private insurance or the financial ability to pay for the respondent’s treatment, the court may order them to pay the costs of treatment.
Can a person threaten to leave treatment under the Marchman Act?
Oct 17, 2019 · There are several reasons why treatment accessed through the Marchman Act might not be effective. Here’s a few of the major drawbacks: It isn’t free addiction treatment. The state will only pay for addiction treatment if the individual …
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 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 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 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 ...
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 ...
How long does the Marchman Act last?
Details and Requirements of the Marchman Act. Care Extending Past 90 Days. Thousands of people are affected by the disease of addiction, but many of them don’t even realize it. Denial is a common factor when dealing with addicts. Unfortunately, family members tend to suffer the whirlwind created by the active addict.
What is the Florida Marchman Act?
The Florida Marchman Act is a civil procedure that allows the friends or family of a substance abuser to confidentially petition the court to obtain court-ordered assessment, stabilization and long-term treatment. Substance abuse or addiction can involve alcohol, illegal ...
What is the first step in a Marchman Act case?
The first step is a petition for involuntary assessment and stabilization under Fla. Statute 397.
How long can you extend a court order?
Once the respondent has completed the 90-day court-ordered treatment program, a motion can be made to extend the treatment period up to an additional 90-day period. This decision would be influenced by the recommendation of the treatment team at the treating facility, as well as other professional opinions.
What does it mean when someone has impaired judgement?
Has impaired judgement, so much that he/she is incapable of appreciating his/her need for care and of making a rational decision regarding the need for care. Has refused to submit to a voluntary assessment.
Does the Marchman Act cover bipolar disorder?
However, the new rules make it clear the Marchman Act does include people with co-occurring disorders, such as bipolar disorder or personality disorder. This is very helpful to families when a loved one suffers with mental illness where substance abuse is also an issue, but perhaps not the prominent issue.
What is the Marchman Act?
The Marchman Act is a wonderful law specific to Florida and was named after Rev. Hal S. Marchman when instituted it in 1993. The statute basically combined chapters 396 and 397 which allow families to petition the courts for mandatory assessment and up to 60 DAYS of rehabilitation.
How long does it take to get a Marchman Act case dismissed?
Disadvantages of Marchman Act. It can take up to 10 days to complete the process. The respondent can get a public defender whose goal is to dismiss the case. You must consider hiring your own representation to argue your side and defend the family. You must have a valid address where the person can be served.
What happens if you don't qualify for intervention?
If you don’t qualify for an intervention for either clinical or financial reasons. It can be used as a threat during an intervention if the person will not admit voluntarily. When the individual does not have health insurance and/or the family does not have the means to pay, Marchman Act can, depending on the county, ...
Why is due process not followed in Florida?
The reason is that due process cannot be followed if the person is outside the county where the Petition was filed. Finally, every county handles this process differently which makes the outcome unpredictable. This is why we advise the use of specialized Attorneys if your family needs to file the Florida Marchman Act.
Can a court order the level of care that is clinically appropriate?
The court may not order the level of care that is clinically appropriate. If your treatment program of choice is outside the county where the order is filed, the judge may or may not grant permission to take the Respondent to that program.
Is lock down a court order?
This is often very difficult for the treatment team to be affective. It does not guarantee that a person will be placed in a lock down unit. It is simply a court order to submit to treatment at a voluntary program which is reportable to the court system.
Is a court order enforceable if a person leaves the county?
If a person leaves the county which the order was filed it is not enforceable. When there are children involved it can be more traumatic if Law Enforcement is needed. Depending on the quantity of drugs in possession when the Respondent is served there could be criminal charges filed.
Who can use the Marchman Act?
The Marchman Act process can be used by: A parent, guardian, or custodian of the child. A licensed service provider, addiction treatment specialist, or mental health professional.
How long does it take to get treatment for Marchman Act?
If you meet the criteria for the Marchman Act, you will be ordered to complete a 60-90 day initial treatment program. If the person who filed the petition for your involuntary treatment requests it, or if your treatment professionals feel it is necessary, the court may order another 90 days of involuntary treatment.
Why is the Marchman Act not appropriate?
While the Marchman Act is intended to protect individuals who have lost the ability to make rational treatment decisions for themselves, it is not appropriate to use this law to force people into treatment who are still capable of making sound medical decisions and who present no danger to themselves or others.
How long is a person held for a Marchman hearing?
At the hearing, the court may order the respondent to be held for up to five days for stabilization and assessment at a state-certified evaluation center.
Why is the Marchman Act used?
The Marchman Act is intended to be used under very specific circumstances for the protection of the individual who is struggling with addiction. There are many reasons a judge may decide that a respondent should not be subject to involuntary evaluation and treatment. Some of these include: 2.
How long does it take to get an involuntary care order?
A second court hearing will be scheduled to review the results of the involuntary assessment, where the judge will determine if a 60-day involuntary care order should be issued, requiring the respondent to report to an approved treatment facility.
What is impaired judgement?
The individual has impaired judgement that makes them incapable of making a rational decision about their need for addiction treatment. The individual refuses to submit voluntarily to a professional assessment when a reasonable person would do so in similar circumstances.
How long does an addiction treatment order last?
If the addiction treatment professional recommends that the individual get treatment, the judge will court-order up to 60 days involuntary treatment. If, at the end of 60 days of treatment, the judge feels that an extension of the court-order is necessary, they have the option to extend the order up to 90 days.
Can you lock down a person with SUD?
If they’re not eligible for state benefits, then the individual — or their private insurance — is still responsible for treatment costs. It doesn’t send people with SUD (substance use disorder) to lock-down treatment facilities. People who are court-ordered to attend rehab can leave treatment whenever they want.
Can involuntary stints help?
An involuntary stint at treatment might help some, but for many, without the internal motivation to make changes, long-term sobriety will not be achieved. You need to find a treatment center with beds available in order for the judge to approve the petition in many cases.
Can you get treatment without the Marchman Act?
When Treatment Without the Marchman Act Simply Isn’t Possible. Despite these drawbacks, there are many people who would never have sought help for themselves without receiving an order from the judiciary. Many families credit the Marchman Act with saving their loved one’s life when nothing else could.
What is the Marchman Act?
There is a law in Florida that makes it possible to get a voluntary or involuntary assessment of an individual who may be abusing drugs or alcohol. The goal is for the person to be treated and stabilized. It is known as the Marchman Act. This act is also referred to as the Hal S. Marchman Alcohol and Other Drug Services Act of 1993.
Why is the Marchman Act important?
It is also important to establish that the subject can’t make a rational decision concerning their need for treatment. They have to have a history of refusing assessment for treatment. The Marchman Act can also be used for individuals who have co-occurring disorders. It is valid for subjects who have mental illness as well as substance abuse issues.
What happens if someone doesn't attend a Marchman Act hearing?
The treatment facilities where people are sent after a Marchman Act hearing are not secured. If someone at the treatment facility wants to leave, they can easily leave. The court will be informed, and a status conference hearing will be conducted to deal with the issue. If the individual in question does not attend their status hearing, they could be found in contempt by the court. When this happens, they could be ordered to once again attend treatment or face legal consequences.
How long does it take to get a hearing on a Marchman petition?
Once a petition is filed with a court based on the Marchman Act, a date for a hearing will be set within 10-days. This date will be determined by the clerk of the court. It is also possible for a judge to review the petition and deny it or grant it with no hearing. Should a hearing date be set, the respondent listed in the petition will be served ...
What happens if you get a Marchman hearing?
A Marchman Act hearing could stop someone from abusing drugs or alcohol for a specified length of time. It is also possible for them to go back to their bad habits after being released. Pursuing sobriety is always up to the individual.
How long does it take to get a Marchman Act assessment?
The assessment must be completed within 72 hours.
How long does a person have to be in treatment after assessment?
After Assessment. Once an assessment is finished, the results will show if a person needs treatment. A magistrate or judge can then order the individual in question to complete a minimum of 60 days of treatment. A treatment center may request a person’s treatment stay go past 60 days.
Why is the Marchman Act important?
This is the leverage of the Marchman Act and one of the reasons it works. Most people do not want to violate a Court order and risk going to jail. But sometimes, it is just the thing that needs to happen to get their attention that they are killing themselves and they need help.
Who is the petitioner in the Marchman Act?
A- The family member (s) or friend who files the Marchman Act petition is called the Petitioner. The Petitioner, with some exceptions, controls the action from the perspective that the Petitioner can dismiss the case at almost any time he or she chooses.
Is the Marchman Act public records?
All petitions for involuntary assessment and stabilization and all court orders and pleadings are confidential and exempt from the Public Records Act. The public is not allowed access to Marchman Act records or pleadings.
Can a person access Marchman Act records?
A person or entity other than the classes of people mentioned above may gain access to Marchman Act records only upon a showing of “good cause”, which is a very difficult standard for one seeking information to meet.
Can you go back to jail for a scolding?
Usually, the individual will be given the option of being allowed to return to treatment after a scolding by the Court or to go to jail. Almost everyone in my experience chooses to go back to treatment. This is the leverage of the Marchman Act and one of the reasons it works.
Can a petitioner terminate a case?
So, the answer is generally that, yes, once an action is started, it can be terminated by the Petitioner. If there is an outstanding order, the Petitioner should appear in Court and explain the reason for terminating the case.
Is court ordered treatment more effective than voluntary treatment?
The science, borne out by numerous studies by highly credentialed experts from prestigious institutions, tells us that court ordered treatment is at least as effective, if not more effective, than voluntary treatment.
