Read this before you try to file a Marchman Act on your own without an attorney!
Read this before you try to file a Marchman Act on your own without an attorney!
If you are reading this article, it’s probably because you have a loved one in crisis battling severe symptoms of substance abuse and you are looking for a legal solution to desperately get them help. Maybe you heard about the Marchman Act from your sister in Dallas who read about the statute online, and as always, is eager to help, or perhaps you were told by a law enforcement officer in any one of Florida’s 67 counties to file the petition because there was nothing that the officer was able to do at the time to help besides provide encouragement and a list of some local resources within the community that might be able to provide some form of assistance once your loved actually decided to get well.
When faced with the heartbreaking reality of a loved one battling any of the destructive symptoms of substance abuse, families often feel desperate and helpless. The urge to take immediate action can be overwhelming, and one legal avenue that families in Florida may consider is the Marchman Act. However, before you try to file a Marchman Act on your own, just like any legal matter, you may want to carefully consider getting some professional help so that you can make the most informed decision on how to proceed before filing anything in the court.
Criteria for a Marchman Act
To initiate a Marchman Act, certain criteria must be met. These criteria are designed to ensure that the Act is used appropriately and only for individuals who truly need involuntary intervention. The person must meet the following conditions:
- Substance Abuse Impairment: The individual must be impaired due to substance abuse, meaning their ability to manage their daily life is significantly impacted by their drug or alcohol use.
- Loss of Self-Control: The person has lost the power of self-control with respect to substance use.
- Harm to Self or Others: The individual has inflicted or is likely to inflict physical harm on themselves or others, or they are in need of substance abuse services and are unable to make rational decisions regarding their need for treatment.
Meeting these criteria is just the beginning. The process of filing a Marchman Act involves multiple steps and can be complex and challenging.
The Two Parts of the Marchman Act
The Marchman Act consists of two primary components: the assessment phase and the treatment phase. Each phase serves a distinct purpose in the overall process of providing care to an individual struggling with substance abuse.
The Assessment Phase
The assessment phase is the initial step where the individual undergoes evaluation to determine the extent of their substance abuse problem. This phase may include:
- Detoxification: If the individual is in immediate danger due to their substance use, they may be admitted to a detoxification facility to safely manage withdrawal symptoms. Detox is a critical first step to ensure the person’s physical stability before further assessment and treatment.
- Comprehensive Evaluation: A thorough assessment by healthcare professionals, including physicians, psychologists, and addiction specialists, to determine the appropriate level of care and treatment plan.
The Treatment Phase
Even if you were able to successfully file the petition for an involuntary substance abuse assessment, you still have to file a petition for treatment, which can be significantly more challenging than filing the petition for assessment, especially if the subsequent assessment does not indicate the need for further treatment.
If ordered, this part of the Marchman Act involves involuntary substance abuse treatment, which can vary in intensity and duration based on the individual’s needs. The levels of care that may be included in the court order are:
- Outpatient Treatment: The individual attends treatment sessions while living at home, allowing them to continue with their daily responsibilities.
- Intensive Outpatient Treatment (IOP): A more structured form of outpatient care, requiring more frequent and longer sessions.
- Partial Hospitalization Program (PHP): A highly structured program where the individual spends most of the day at a treatment facility but returns home at night.
- Residential Treatment: The individual resides at a treatment facility for a specified period, receiving round-the-clock care and support.
- Inpatient Hospitalization: For severe cases, the individual may require hospitalization for intensive medical and psychiatric care.
The potential length of care can vary, with initial court orders typically lasting up to 60 days. However, the treatment duration can be extended if deemed necessary by healthcare professionals and the court.
The Complexity of Filing a Marchman Act
Filing a Marchman Act is not a simple task. It involves legal procedures, court appearances, and the burden of proof. Just as you wouldn’t represent yourself in a court of law without a lawyer, attempting to file a Marchman Act without professional guidance can be daunting and risky.
Legal Representation and Professional Guidance
Hiring a lawyer who specializes in Marchman Act cases can significantly increase your chances of success. A skilled attorney can help navigate the legal complexities, gather necessary evidence, and present a compelling case to the court. They can also ensure that all procedural requirements are met, minimizing the risk of your petition being dismissed on technical grounds.
