The Marchman Act: An Overview

The Marchman Act, which was established in the state of Florida on October 1, 1993, uses the term ‘substance abuse’ to encompass both drug addiction and alcoholism. Family members and members of law enforcement can take advantage of this law to help inflicted individuals. A petition filed under this act can offer an alternative to criminal incarceration for those impaired by drug abuse or provide involuntary treatment when a specialist or doctor from a rehabilitation facility finds this appropriate.

The Marchman Act gives family members and law enforcement officials a means to file for a petition that will voluntarily or involuntarily commit a drug abuser to a rehabilitation treatment center for an evaluation under Florida state statute. In cases of emergency or immediate threat, it is possible for a judge to approve immediate action, otherwise a subpoena can be issued that requires the individual in question to appear and respond to the petition.

In many cases, drug addiction can cause irrational behavior and the inability to make sound judgments. If there is good reason to suspect that a spouse or other family member has lost the ability to make rational decisions regarding their own health in respect to their drug addiction, or if it suspected that they may cause harm to themselves or another, then a Marchman petition can allow for an involuntary consignment until an expert psychological evaluation can be made. The Marchman Act also allows for a minor to seek voluntary drug addiction treatment without the approval or knowledge of parents or guardians.

The law allows for a stay of up to 5 days in a treatment facility at which time an evaluation of the addicts state of mental and physical health must be determined. After 5 days time the health care professional can either release the patient, ask for an extension if more time is needed, or recommend to the judge that court ordered treatment will be necessary for the wellbeing of the inflicted individual. If treatment is deemed to be the appropriate and required course of action, the judge can mandate the patient to hospitalization with mental health and drug addiction related services for up to 60 days.

If you suspect that a loved one is in danger or a danger to others and is incapable of seeking the assistance he or she needs by their own accord, you may need to file a petition so that they get the help they need. While the process may differ slightly from county to county in the state of Florida, you will want to begin the process at your local courthouse. If action is approved by a judge, a plain clothed officer or deputy of the court will be responsible for transporting your loved one to the treatment facility associated with your county. You have the alternative of choosing a private treatment facility of your choice and should make the court aware of such a decision when you file for the petition.

In any case, you could make the difference between life and death for your loved one and should not hesitate to file if you feel the situation has become out of control. The Marchman Act provides you with the support you may need to obtain help from drug and alcohol treatment professionals. Individuals afflicted with addiction may become angry at first, but will thank you in the long run.