Watching a loved one struggle with addiction is never easy, but you are not alone. According to a study, “46% of U.S. adults say they have a family member or close friend who is addicted to drugs or has been in the past.”[1]
If your family member is struggling with substance abuse but refuses to go to treatment, you might be wondering how you can help. While it is always best for people to choose to go to substance abuse treatment on their own, it is possible to force them. Many states across the U.S. have involuntary commitment laws that allow you to force a loved one into treatment when necessary.
In Florida, the involuntary commitment law for addiction is known as the Marchman Act. This law allows you to file a petition to force someone into addiction treatment when they are a danger to themselves or others. There are specific criteria and guidelines you must meet to be able to use the law.
In this article, you will learn:
- Is it possible to force someone to go to treatment in Florida?
- What are the criteria for involuntary commitment in Florida?
- What is the difference between the Marchman Act and the Baker Act?
Can You Force Someone to Go to Rehab in Florida?
Forcing someone into rehab should never be your first choice. It is best to allow an addicted individual to seek help for themselves, as change is always easier when you want it. That said, sometimes it is necessary.
If your loved one continues to refuse treatment but is experiencing dangerous effects of addiction like frequent overdoses, you might need to involuntarily commit them. But how do you do this in the state of Florida?
In Florida, there is a law called the Marchman Act. Also known as Florida’s Substance Abuse Impairment Act, this law was created to help vulnerable people receive treatment. It allows family members to petition the court to force their loved one into a substance abuse treatment center against their will.[2]
What are the Criteria for the Marchman Act?
Many states have involuntary commitment laws for substance abuse and mental health. The Marchman Act is Florida’s law, which has its own set of criteria for forcing someone into treatment. The criteria prevent people from abusing the law and ensure that no one is forced into treatment unless it is necessary.
The criteria for involuntarily committing someone to an addiction treatment center under the Marchman Act include:[2]
- The person has lost control over their drug and alcohol abuse
- The individual poses a threat to themselves or others due to their substance abuse
- The person is unable to make decisions for themselves due to impaired judgment from drug and alcohol abuse
To invoke the Marchman Act, a family member, spouse, or guardian must petition the court to have someone committed. However, some people do not have a family to speak for them. If three non-related parties get together to petition for one person to be committed, they can force someone into treatment that is not related to them.
Frequently Asked Questions About the Marchman Act:
How Long Does the Marchman Act Last?
Involuntary commitment under the Marchman Act typically lasts for 5 days.[3] In some cases, a facility can petition for the involuntary commitment to last longer, sometimes for up to 60 days.
How Much Does the Marchman Act Cost?
The individual or the family is responsible for paying for treatment. That said, involuntary rehab can be paid through health insurance. If the individual does not have insurance, payment plans like sliding scale fees can be used.
Additionally, there are state-funded and free rehab programs that your loved one can be placed in if you cannot afford their treatment.
Is the Marchman Act Confidential?
Confidentiality under the Marchman Act is upheld by the law, which means it will not show up on a record. You do not have to worry about your loved one’s future employers finding out that they were forced into rehab.
What is the Difference Between the Marchman Act and the Baker Act?
The Baker Act is a law that allows families to involuntarily commit their loved ones to a mental health treatment facility in Florida. The process is very similar to the Marchman Act. The main difference is that the criteria for the Baker Act focus on mental health, rather than addiction.
Get Connected to a Drug and Alcohol Rehab Program in Florida
If you or a loved one suffers from addiction, it’s time to seek treatment. At Palm City Wellness, we work with both voluntary and involuntary patients. No matter what circumstances bring you to our facility, we will provide you with the tools and support you need to achieve long-term recovery.
At Palm City Wellness, we understand that mental health is the key to achieving overall well-being and sobriety from drugs and alcohol. We are dedicated to providing compassionate care and effective treatment to individuals seeking support for their mental health and addiction-related challenges. Our multidisciplinary team of mental health and substance abuse professionals is qualified to treat a range of complex mental health conditions and co-occurring disorders.
Contact us today for more information on our drug and alcohol addiction treatment program in Florida.
References:
- Pew Research Center: Nearly half of Americans have a family member or close friend who’s been addicted to drugs
- The Florida Department of Children and Families: Marchman Act
- Pasco County Clerks: A PETITIONER’S RESPONSIBILITIES UNDER THE HAL MARCHMAN ACT