The Marchman Act is a powerful legal tool in Florida designed to help individuals struggling with substance use disorders who may not recognize the need for treatment.
It allows family members, friends, or medical professionals to petition the court for involuntary assessment, treatment, or temporary detention of someone who is at risk due to their addiction.
It can provide a way to intervene when someone’s addiction has reached a point where they’re not able to make decisions for themselves, potentially preventing further harm.
Whether you’re a family member concerned about a loved one or someone dealing with addiction yourself, knowing how the Marchman Act works can open doors to the help and treatment needed.
What Is the Marchman Act?
The Marchman Act is a Florida law that allows for the involuntary assessment, treatment, and temporary detention of individuals struggling with substance abuse who are unable or unwilling to seek help on their own.
It can be used when someone is in denial about their addiction or when their behavior is harmful to themselves or others. The Act helps ensure that individuals get the necessary care and support even if they aren’t willing to seek it voluntarily.
How Does the Marchman Act Work?
Here’s a breakdown of how the process works:
1. Filing the Petition
The first step in the process is filing a petition with the court.
This petition can be filed by family members, medical professionals, or others who have a genuine concern about the individual’s substance abuse.
The petition must detail why the individual is at risk and unable to recognize the need for help.
The petition includes:
- Evidence of the individual’s substance abuse issues (e.g., recent behaviors, history of addiction, failed attempts at treatment).
- Concerns about their health, safety, or well-being if they are not treated.
Once it’s submitted, the court reviews the petition and decides whether it warrants a hearing.
2. Court Hearing and Assessment
After the filing of the petition, the court sets a hearing within 72 hours to determine whether the individual should be assessed for substance abuse issues.
During this, the judge will consider the evidence presented and may order a medical professional to determine the individual’s condition.
- If the judge agrees, an assessment will take place to determine the severity of the addiction.
- If the individual is found to be a danger to themselves or others, the judge may proceed with ordering treatment.
3. Involuntary Treatment or Detention
If the judge determines that the individual needs treatment but is unwilling or unable to seek it, they may issue an order for involuntary treatment. Depending on the circumstances, this can include inpatient or outpatient treatment.
Involuntary treatment is typically administered at an approved facility and can be ordered for a short duration initially.
Sometimes, the individual may also be temporarily detained for up to 72 hours for observation before their treatment starts.
4. Duration and Legal Requirements
The duration of treatment or detention can vary, but the law allows for an initial period of up to 5 days of treatment, and it may be extended if necessary.
After this initial period, the court evaluates whether continued treatment is needed. If the individual has not shown improvement or if further care is necessary, the court may approve extended treatment. This usually requires a subsequent hearing to assess progress and determine the next steps.
While under the Marchman Act, the individual still has rights, such as the ability to challenge the treatment or detention order.
When Should the Marchman Act Be Used?
The Marchman Act is a valuable tool when someone’s substance abuse is severe enough that they are unable to make decisions for themselves, refuse treatment, or exhibit dangerous behaviors that could put themselves or others at risk.
Signs That Someone Might Benefit from the Florida Marchman Act:
The individual may deny they have a problem or outright refuse treatment despite clear evidence of addiction. This could include reckless actions like driving under the influence, self-harm, or aggression toward others while under the influence of substances.
An individual may be facing arrest, legal trouble, or financial ruin due to their substance abuse but is unable to make decisions that would help them break the cycle of addiction.
Physical or mental health deterioration due to addiction, such as malnutrition and severe withdrawal symptoms, may also signal the need for involuntary treatment.
How to Assess if the Person Is Unable to Make Decisions for Themselves:
One of the key aspects of the Marchman Act is determining whether the individual can recognize the need for treatment or is capable of making informed decisions. If the individual is:
- Unable to understand the consequences of their behavior,
- Unable to seek help on their own,
- Refuses treatment, or
- If they are unable to control their addiction, then it may be time to use the Marchman Act.
Real-Life Examples of When the Marchman Act Is Useful:
- A person who has overdosed multiple times but refuses treatment despite clear medical advice might benefit from an involuntary intervention to prevent a fatal overdose.
- Someone caught in legal issues related to their addiction, such as driving under the influence repeatedly or facing charges due to erratic behavior, may be unable to stop their behavior without intervention.
- A loved one exhibiting violent tendencies, making threats, or engaging in reckless behavior while intoxicated, with no awareness of the consequences, could be a candidate for the Marchman Act.
What Happens After Someone Is Admitted Under the Marchman Act?
Once someone is admitted under the Marchman Act, the legal process is just the beginning of their recovery journey.
Assessment and Treatment
Once admitted, the individual goes through an assessment which is to determine the severity of their addiction and any underlying mental health issues. Medical professionals will evaluate the person’s physical and psychological health to create a treatment plan tailored to their needs.
The assessment will help determine whether an inpatient or an outpatient care program is more appropriate.
In cases of severe addiction, detox may be necessary before treatment can begin.
Types of Treatment
Treatment options under the Marchman Act vary and can include:
- Inpatient care is ideal for those who need constant supervision and support. It involves staying in a facility where they receive 24/7 care, medical supervision, and therapy.
- Outpatient programs include more flexibility for those who do not require intensive care while still providing structured therapy and counseling.
- Detoxification services help individuals safely manage withdrawal symptoms under medical supervision. Detox is particularly important for those with severe physical dependence.
- If mental health issues contribute to the addiction, dual diagnosis treatment helps address both the addiction and underlying psychological issues.
Follow-up Care
After initial treatment, follow-up care is critical in ensuring long-term recovery. Individuals often enter aftercare programs such as sober living, outpatient therapy, or 12-step programs. These programs help prevent relapse by providing continued accountability, coping skills, and emotional support.
Relapse prevention strategies, such as identifying triggers and developing healthy coping mechanisms, are also key parts of post-treatment care. Continuous therapy, whether individual or group, helps individuals maintain progress and integrate healthy habits into their daily lives.
How Palm City Wellness Can Help
At Palm City Wellness, we understand that navigating the Marchman Act process can be overwhelming.
Our team provides guidance and support to families, helping them take the necessary steps to get their loved ones the care they need.
We offer compassionate assistance to ease the complexities of the legal system so families can focus on supporting their loved ones through recovery.
Personalized Treatment Plans
Once an individual enters treatment through the Marchman Act, their care plan must be tailored to their specific needs.
At Palm City Wellness, we believe in creating personalized treatment plans that address the individual aspects of each person’s addiction and mental health.
References:
- Florida Department of Children and Families: Marchman Act
- State University System of Florida: Fundamentals of the Marchman Act