Marchman Act. Court-Ordered Rehab.

If you ever wished for a legal way to somehow lock your loved one up in rehab, the state of Florida just may have the statute to make your wish come true! I recently suggested the concept of “Laying down the law with love,†rather than acting out of pure emotion when trying to deal with a loved one battling an addiction. One of the most powerful tools to actually help accomplish that goal just might be the Hal S. Marchman Alcohol and Other Drug Services Act of 1993, or more commonly referred to as the Marchman Act.

The Marchman Act essentially provides for emergency assistance and temporary detention for individuals requiring substance abuse evaluation and treatment in Florida. When properly applied to a well-balanced, long-term plan, the Marchman Act has the potential to help an individual reach a healthy bottom by putting into place a court-ordered framework to help support their recovery.

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 that an individual has lost the power of self-control regarding substance abuse and that there is the likelihood that the individual has the potential to inflict harm upon themselves or others unless they get help. Furthermore, it must also be demonstrated that the impaired individual is unable to make rational decisions about appreciating the need for treatment.

Once the court has heard all relevant testimony, it may enter an order for involuntary assessment to assess and stabilize the impaired individual for a period not to exceed five days. The findings of that assessment are then reviewed with the court, which may enter an order for involuntary treatment for a period not to exceed 60 days. Keeping those proceedings in mind, in the hands of a well-trained professional interventionist, working with the support of like-minded professionals within the legal community, the Marchman Act can be introduced by the friends and family of the impaired individual as a healthy boundary actually to help them break through their own level of resistance.

But before you go ahead and book your brother’s flight to Miami to lure him into some kind of therapeutic beachfront intervention trap, you should consult with a trained professional to explore. The Marchman Act and how it can work in your particular situation. As with any court-related matter, it often boils down to what you can prove, rather than what you know. Even though you may have seen your brother get as high as a kite in college or fall flat on his face at the family reunion, he may appear as cool as a cucumber and as clean cut when he gets to court as Clooney.

If you ever wished for a legal way to somehow lock your loved one up in rehab, the state of Florida just may have the statute to make your wish come true! I recently suggested the concept of “Laying down the law with love,†rather than acting out of pure emotion when trying to deal with a loved one battling an addiction. One of the most powerful tools to help accomplish that goal just might be the Hal S. Marchman Alcohol and Other Drug Services Act of 1993, or more commonly referred to as the Marchman Act.

The Marchman Act essentially provides for emergency assistance and temporary detention for individuals requiring substance abuse evaluation and treatment in Florida. When properly applied to a well-balanced, long-term plan, the Marchman Act has the potential to help an individual reach a healthy bottom by putting into place a court-ordered framework to help support their recovery.

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 that an individual has lost the power of self-control regarding substance abuse and that there is the likelihood that the individual has the potential to inflict harm upon themselves or others unless they get help. Furthermore, it must also be demonstrated that the impaired individual is unable to make rational decisions about appreciating the need for treatment.

Once the court has heard all relevant testimony, it may enter an order for involuntary assessment to assess and stabilize the impaired individual for a period not to exceed five days. The findings of that assessment are then reviewed with the court, which may enter an order for involuntary treatment for a period not to exceed 60 days. Keeping those proceedings in mind, in the hands of a well-trained professional interventionist, working with the support of like-minded professionals within the legal community, the Marchman Act can be introduced by the friends and family of the impaired individual as a healthy boundary actually to help them break through their own level of resistance.

But before you go ahead and book your brother’s flight to Miami to lure him into some kind of therapeutic beachfront intervention trap, you should consult with a trained professional to explore. The Marchman Act and how it can work in your particular situation. As with any court-related matter, it often boils down to what you can prove, rather than what you know. Even though you may have seen your brother get as high as a kite in college or fall flat on his face at the family reunion, he may appear as cool as a cucumber and as clean cut when he gets to court as Clooney.