The Marchman Act is a legal framework in Florida that was designed to protect individuals who are struggling with addiction and may be a danger to themselves or others. For families dealing with a loved one’s addiction, understanding the Marchman Act can be complex.
Here are the top five frequently asked questions about the Marchman Act to help you better understand how it works.
1. What is the Marchman Act?
The Marchman Act, officially known as the Hal S. Marchman Alcohol and Other Drug Services Act of 1993, is a Florida state law that allows the court to order mandatory assessment and treatment for individuals struggling with substance abuse. The law can be applied when a person is unable to make sound decisions due to their addiction and there is a risk of harm to themselves or others.
2. Who Can File a Petition Under the Marchman Act?
A petition under the Marchman Act can be filed by a close family member, such as a spouse, parent, or sibling, or by three adults who have firsthand knowledge of the person’s substance abuse problem. It can also be initiated by law enforcement officers or healthcare professionals if they believe that the individual is at serious risk. It’s important to note that the Marchman Act process is confidential, protecting the privacy of the individual struggling with addiction.
3. What Happens After Filing a Petition?
Once a petition is filed, the court will review the request and may issue an order for the person to undergo an assessment. If the court finds enough evidence that the person needs help, they may be ordered to enter a treatment program.
The individual will first go through an assessment phase, which typically lasts up to five days. During this period, healthcare professionals evaluate the severity of the addiction and recommend appropriate treatment.
If treatment is deemed necessary, the court can order up to 90 days of treatment, which may be extended if needed.
4. Is the Treatment under the Marchman Act Involuntary?
Yes, treatment under the Marchman Act can be involuntary. The whole purpose of the act is to help those who are unable to make sound decisions because of their substance abuse disorder.
However, the court does not order treatment lightly; there must be substantial evidence that the person’s addiction has impaired their ability to make rational choices and that there is a real risk of harm.
5. Can a Person Refuse Treatment Under the Marchman Act?
No, the individual cannot refuse treatment once the court has issued an order under the Marchman Act. The law is designed to intervene in situations where the person’s addiction has compromised their ability to make rational decisions about their health. This means that if the court finds sufficient evidence of impaired judgment and risk of harm, it can mandate treatment even if the person is unwilling.
Conclusion
The Marchman Act can be a vital lifeline for families watching a loved one suffer from substance abuse. It offers a legal way to get them the treatment they desperately need, even if they are not initially willing to seek it.
However, the process can be daunting, and understanding your options is key. By knowing the answers to these frequently asked questions, you can make more informed decisions when seeking help for a loved one.
