Individuals who need help with a substance use disorder (SUD) sometimes don’t believe they have a problem, or they may refuse to enter treatment. No amount of begging from loved ones or difficult consequences will sway them. Perhaps the individual has given up, or it may be a result of addiction itself. Addiction changes the way a person’s brain works and interferes with their ability to make wise decisions.
Family members may feel helpless, but there is something they can do. The Marchman Act makes it possible to coerce a person who is struggling with substance use disorder to receive stabilization and assessment even if they refuse. Receiving any amount of treatment could lead to lasting recovery.
What Is the Marchman Act?
The State of Florida passed the Marchman Act in 1993. Officially, it is known as the Hal S. Marchman Alcohol and Other Drug Services Act. It was passed to help those whose substance use issues have affected their ability to make sound decisions.
Voluntarily entering treatment is still the optimal situation for those who need help, and it’s still encouraged and allowed under the Marchman Act. However, the law also makes it possible to involuntarily commit an individual to a treatment program for up to five days as long as certain specifications are met. Note that the Marchman Act cannot force patients to remain in treatment beyond five days.
While receiving medical and mental health support for a short time can help a person stabilize, a comprehensive addiction treatment program to address severe SUD can take many months. However, individuals struggling with SUD may be more likely to seek ongoing treatment after detox, whether they detoxed from alcohol, heroin, methamphetamine, or other drugs.
Under the Marchman Act, three adults close to an individual, such as their spouse, guardian, or other relative, can petition the court to have their loved one committed to a treatment center. However, simply invoking the Marchman Act is not enough to achieve this.
A judge must weigh the evidence and decide whether the individual is likely to harm themselves or if they are incapable of understanding their risk of harm. If that criterion is met, the Court will decide in favor of involuntary commitment.
In some cases, a law enforcement officer can invoke the Marchman Act if a person is under the influence of substances and acting unsafely in public. However, even when invoked by law enforcement, the Court still decides if involuntary commitment to a treatment program is the best option.
Though the Marchman Act is a state law, several other states have enacted similar procedures for helping those who desperately need substance abuse treatment, including Texas, California, and Connecticut.
What Is the Marchman Act Handbook?
The Marchman Act Handbook is a reference guide that explains how to invoke the act and describes its limitations. The information is not copyrighted or proprietary. It can be freely reproduced and shared. The handbook can be downloaded directly from the Florida DCF website.
Filing Options for a Marchman Act Petition
Filing a Marchman Act petition isn’t complicated, but some specific guidelines must be followed. To start, only certain designated people can file a Marchman Act Petition.
The people allowed to file a petition for an adult include:
- A private healthcare practitioner, including a therapist
- Any relative
- The individual’s spouse
- The individual’s legal guardian
- A law enforcement officer
- The director of a licensed service provider, such as a treatment center
- Any adult with personal knowledge of the individual’s substance use disorder
People allowed to file a petition for a minor include a parent, legal guardian, or legal custodian. A licensed service provider may also be permitted to file a Marchman Act petition for a minor.
The Filing Procedure
Referring to the Marchman Act Handbook will help ensure you complete all the necessary steps for filing a petition.
Fill out the petition and included paperwork and file it at a courthouse within the county where the individual lives. You can find the petition form and other required forms online through the Clerk and Comptroller’s Office, or you can visit your local County Clerk’s office. Include detailed information about your observations and any documentation about the individual’s symptoms and behavior.
Wait for the Court to grant or deny the petition. If granted, the individual will receive a copy of the petition.
The Court may order the sheriff to take the individual into custody and take them to the previously arranged licensed provider. If the person can’t be located, the order won’t be enforced. Additionally, if the individual arriving at the assessment center appears to be healthy with a minimal amount of a substance in their system, the Marchman Act will not be enforced, and the person will be released.
The licensed provider will admit the individual and provide them with an assessment and the treatment they need for stabilization if appropriate. The treatment period cannot exceed five days.
Filing a Marchman Act Petition is not meant to be punitive. The goal is to reduce harm and help people in need to move toward lasting recovery.
Do You Need to Hire a Lawyer When Creating a Marchman Act Petition?
The answer to the question, “Do I need a lawyer to file a Marchman Act Petition?” is difficult to answer with a simple yes or no. Technically, you don’t need an attorney to file a petition. It can be done by any individual on the approved persons list by going through the clerk of the court where the individual lives.
However, many Florida assessment facilities, including Lakeview Health, won’t accept clients through a petition unless an attorney is involved. This rule ensures the client’s rights have been protected and all current laws have been followed.
While it’s not necessary to hire a lawyer to file the petition, it can greatly help. They know the ins and outs of the Marchman Act and related civil procedures and can help you avoid making mistakes that could jeopardize the petition. The chances of having a petition approved without an attorney are lowered, so it’s not recommended to attempt it alone.
Which Facilities Accept a Marchman Act?
Admitting people who don’t wish to be in a treatment center can be disruptive to staff and other clients. For this reason, not all facilities will accept a client through the Marchman Act, and not all facilities are qualified to help a treatment-resistant individual. Qualified facilities employ staff and counselors who have experience helping non-compliant clients, but they also put protocols in place to minimize disruptions.
The responsibility for finding a suitable facility falls on the petitioners. The Marchman Act Handbook lists potential service providers, but you can also contact facilities in Florida and ask about their policies.
There are two main factors to consider when seeking a treatment facility for your loved one: security and treatment quality.
Security
Clients who voluntarily enter drug or alcohol treatment are free to leave treatment when they want, even if they have not completed the program. For that reason, security may not be a high priority in most facilities. However, clients entering rehab involuntarily under the Marchman Act are under a court order to remain until their treatment is completed. A treatment facility with a higher level of security may be necessary to keep an individual from leaving.
Treatment Quality
Clients involuntarily entering treatment may require extra care and patience. Treatment professionals with specialized training are more prepared to cope with resistant clients and provide the support needed for effective care. They’re also trained to work with the police if a patient tries to run away.
When family members are concerned enough to file a Marchman Act Petition, they understand how desperately their loved one needs help. To increase the chances of a positive outcome, choose a rehab with experience treating Marchman Act clients.
Can a Marchman Act Petition Help Your Loved One?
The thought of filing a Marchman Act Petition is frightening for most people. It may provide the turning point an individual needs to receive life-saving substance use disorder treatment, or it could cause your loved one to become alienated from their friends and family.
For most people, filing a petition is probably something they would never consider if their loved one’s life was not at risk. When a situation becomes that severe, serious action is a reasonable response.
The Marchman Act wasn’t created to punish those who are struggling with addiction disorders but to help them. Filing a petition is relatively easy and can be completed through your local county clerk’s office. However, not all petitions are successful. Even when a petition is granted, it may not be served if the individual can’t be found.
If you are concerned about someone’s life-threatening drug or alcohol use, the Marchman Act may help. Be sure you arrange for treatment at a licensed facility with treatment professionals experienced in working with resistant clients. Receiving high-quality care increases your loved one’s chances of avoiding relapse and maintaining long-term recovery.
