The Hal S. Marchman Alcohol and Other Drug Services Act of 1993, commonly referred to as the Marchman Act, is a Florida statute providing emergency intervention for those overusing drugs or alcohol. It’s meant primarily to address serious situations where a chronic substance user refuses to seek, or is incapable of seeking help, and may be a danger to himself or others.
Unlike criminal proceedings, the Marchman Act provides a civil court process for involuntary commitments, which helps to relieve the criminal justice system of additional burdens of care. The act allows family members and certain other individuals to petition for court-ordered evaluation and, if indicated, mandated treatment even if the alleged addict doesn’t want it.
Involuntary treatment under the Marchman Act involves filing a petition for individuals who require assessment and stabilization due to their addiction. This process emphasizes the criteria and procedural steps necessary for involuntary treatment placements.
A parent who believes their minor child needs services can admit them to a treatment facility against their child’s wishes. But when a person over age 18 refuses treatment that loved ones feel is vital, it’s more difficult to get them the help they need. That’s why some form of involuntary commitment is available in most states, including Florida.
The National Institute on Drug Abuse (NIDA) reported in 2013 that of the almost 23 million U.S. citizens in need of substance abuse services, only about 2.5 million received needed treatment. Between 1999 and 2015, drug overdose deaths in this country have more than tripled, according to Centers for Disease Control (CDC) statistics. Involuntary commitment laws like the Florida Law, called the Marchman Act, are one tool that may help improve those numbers.
Who is the Marchman Act designed to help?
The act is meant to provide a way for concerned loved ones to get help for someone who desperately needs, but won’t accept, substance abuse treatment. Criteria for an appropriate referral includes:
- The individual cannot control or stop his or her drug/alcohol use AND is either:- Unable to make rational decisions regarding treatment OR
- Has inflicted or attempted to inflict self-harm or harm to others
A judge may find that an individual’s refusal to seek treatment may not constitute an inability to make a rational decision regarding such treatment.
Steps to initiate an evaluation and potential involuntary commitment under the Marchman Act
- The actual petition can be filed by a husband, wife, parent, relative, or guardian, or by three concerned, unrelated individuals who have witnessed the uncontrollable drug/alcohol use. Emergency petitions can also be filed by a physician, therapist or law enforcement officer.
- It may be helpful to enlist the help of an attorney who understands the Marchman Act. There are attorneys who work with families to get the petition filed correctly and will continue to assist throughout the process.
- The petition paperwork must be filed with the clerk of the court in the actual county where the person lives or is currently residing and who is uncontrollably using drugs/alcohol. The person completing the paperwork must swear to its veracity, then the petition is notarized and sent to a judge for review.
- The judge (or magistrate) decides if the situation calls for an Ex Parte order, or an emergency situation calling for immediate action, or if the respondent (impaired person) can be served with a summons mandating him or her to attend a hearing. If the situation is determined to be an emergency, the judge issues an order for law enforcement to pick up the impaired person and bring him/her to a designated facility for evaluation.
- If the situation is not deemed to meet the criteria for an Ex Parte order, the judge may opt to deny the petition or to set a hearing to take place within 10 days. If a hearing is set, the petitioner will be notified by mail and a summons will be issued for the respondent. Both parties must appear at the hearing.
- Both parties are allowed to have legal counsel if they so choose. The respondent can have his or her own attorney or will be assigned a court-appointed lawyer.
- Testimony is presented at the hearing, and the judge decides if a court-ordered evaluation is appropriate. It is up to the petitioner to prove the respondent is substance use-impaired and in need of a professional evaluation. Most Florida counties have certain facilities designated to perform the evaluation. Facilities are given up to 5 days to complete the evaluation, although they can ask the court for an extension if needed.
- After the evaluation, the facility may choose to discharge the client, change the status to voluntary, or file a request with the court for admission to involuntary treatment services. The judge may order treatment for up to 60 days. Some counties allow for initial treatment up to 90 days, with renewals every 90 days.
Why might the judge deny a petition?
There are several reasons a petition can be denied. The petitioner may not have proven to the court’s satisfaction that the respondent meets the criteria that was necessary for evaluation or involuntary treatment, the respondent’s behaviors may be beyond safe management of the provider, treatment services may not be available or neither the petitioner nor the respondent may have the resources to pay for treatment.
What happens if the client leaves treatment before discharge?
Even with involuntary commitment to treatment, the client will not be in a locked facility. If the client chooses to leave treatment before discharge, he or she may do so, but is then technically in contempt of a court order and the person could face jail time. Whether or not a jail sentence is imposed in these cases often varies from county to county.
Who pays evaluation and treatment costs?
There is no charge for filing a petition with the court. If the petition is granted, a service fee payable to the Sheriff’s department is required and must be paid by the petitioner. Costs for the evaluation and any court-ordered treatment can be submitted to the client’s medical insurance company or paid by the client themselves or a family member or friend. For costs not covered by insurance, some treatment facilities will work with clients on a sliding fee schedule based on income and other factors.
Initiating a petition for involuntary commitment can be emotionally taxing on all involved and should always be a last resort. If you feel a loved one is in desperate need of help, discuss the situation with a physician or an addiction specialist. Consider consulting an interventionist, or a mental health professional specially trained to plan and facilitate interventions. If you’ve tried everything but are still unable to convince your loved one to get help, the Marchman Act may be the best course of action.
Introduction to the Marchman Act
The Marchman Act is a pivotal piece of Florida legislation designed to help individuals struggling with substance abuse receive the necessary treatment. Officially known as the Hal S. Marchman Alcohol and Other Drug Services Act of 1993, this law provides a framework for both voluntary and involuntary assessment and treatment. The assessment and stabilization period under the Marchman Act lasts up to five days and is intended for healthcare providers to evaluate the individual’s condition and develop appropriate treatment plans. It stands out as one of the most progressive involuntary treatment laws in the United States, offering a lifeline to those who are unable or unwilling to seek help on their own. By facilitating access to substance abuse treatment through licensed service providers, the Marchman Act aims to help individuals overcome their addiction and regain control of their lives, providing a huge support system for families and loved ones.
Eligibility and Criteria
To qualify for intervention under the Marchman Act, an individual must meet specific criteria that indicate a severe substance abuse impairment. This includes having lost self-control, which means an inability to stop substance use despite experiencing negative consequences, posing significant risks to the individual’s health and safety. The individual must be unable to exercise self-control over their substance use and pose a risk to themselves or others. Immediate intervention is often necessary in these cases. A petition for the Marchman Act can be filed by a legal guardian, the person’s spouse, a relative, or three adults who have personal knowledge of the individual’s substance abuse. The petition must be submitted to the county clerk’s office, and a hearing will be scheduled within 10 days to determine if the individual meets the criteria for involuntary assessment and treatment.
Filing a Petition
Filing a Marchman Act petition involves several critical steps. The petition process under the Marchman Act is essential for navigating involuntary treatment cases in Florida. The petitioner must complete the necessary forms and submit them to the county clerk’s office, which provides access to vital legal documentation needed for the commitment process. The petition should include sworn written testimony detailing the individual’s loss of self-control due to substance abuse and the potential risk of harm to themselves or others. Additional information, such as health insurance details and veteran status, should also be included. The petition must be filed in the county court where the impaired individual resides. In some cases, a law enforcement officer can initiate the Marchman Act process by placing the individual in protective custody if they are found to be substance abuse impaired in a public place.
Involuntary Assessment and Treatment
The Marchman Act allows for involuntary admissions and treatment under a legal framework designed to address substance use disorders. The assessment period typically lasts up to 5 days, during which the individual undergoes evaluation and stabilization. If the assessment indicates a need for further intervention, the individual may be involuntarily committed to a treatment facility for a longer period, usually up to 60 days. The criteria for involuntary drug treatment include evidence of substance abuse, the individual’s refusal of voluntary treatment, and the likelihood of harm to themselves or others. The primary goal of the Marchman Act is to provide individuals with the necessary support to overcome their addiction and regain control of their lives. Involuntary treatment can be particularly effective for those who are unable to seek help voluntarily, addressing substance abuse disorders in a structured and supportive environment.
Comparison to Other Laws
The Marchman Act is one of the most progressive involuntary treatment laws in the United States, specifically designed to address substance abuse issues in Florida. Unlike the Baker Act, which focuses on mental illness treatment, the Marchman Act provides a unique framework for involuntary substance abuse treatment. This distinction is crucial as it allows for targeted intervention for those struggling with substance use disorders, ensuring they receive the appropriate care and support.
While 38 states have a commitment procedure related to substance abuse treatment, the Marchman Act stands out for its comprehensive approach. States like Connecticut, South Carolina, Georgia, California, and Texas have similar laws, but the Marchman Act is notable for its emphasis on early intervention. This early intervention is key to preventing the escalation of substance abuse issues, providing a means for both voluntary and involuntary treatment. By focusing on early and effective intervention, the Marchman Act helps individuals regain control of their lives and supports families in their efforts to seek help for their loved ones.
Treatment Options
The Marchman Act offers a variety of treatment options for individuals struggling with substance abuse issues. These options include emergency services, temporary placements for evaluation, detoxification, residential programs, and outpatient rehabilitation services. Treatment facilities under the Marchman Act provide a comprehensive range of services, from initial assessment and stabilization to long-term care, ensuring that individuals receive the support they need at every stage of their recovery journey.
Funding for these treatment services can come from various sources, including private or public health insurance plans, state-funded rehab programs, or even free rehab programs. The goal of the Marchman Act is to ensure that individuals receive care in the least restrictive environment possible, promoting a supportive and effective recovery process. By offering access to a wide range of treatment options, the Marchman Act helps individuals and families affected by substance abuse find the help they need to recover and rebuild their lives. This holistic approach ensures that those struggling with substance use disorders receive the necessary support to overcome their addiction and regain control of their lives.
Law Enforcement Role
Law enforcement officers play a big role in the Marchman Act process. Often the first point of contact for individuals who are substance abuse impaired, officers can initiate the Marchman Act by placing an individual in protective custody, allowing for emergency assessment and stabilization. Law enforcement officers may intervene if an individual poses a threat of physical harm to themselves or others. They may also provide transportation to a treatment facility and serve the individual with a Marchman Act order. The Marchman Act is an essential tool for law enforcement officers, enabling them to address substance abuse issues and connect individuals with the help they need. By collaborating with families and treatment providers, law enforcement officers can significantly contribute to helping individuals overcome their addiction and regain control of their lives.
Addiction Treatment at Turning Point of Tampa
Turning Point of Tampa has helped hundreds in the Tampa, Florida area. Specializing in addiction treatment, dual diagnosis, and eating disorders. We often get calls for the Florida Mental Health Act, also known as the Baker Act for someone seeking help for mental illness, however, we are a licensed addiction treatment facility, we can offer an addiction and mental health evaluation and accept those with substance abuse impairment, drug abuse, and needing substance abuse help coupled with mental health issues utilizing the Marchman Act.
A person’s substance use must be the primary diagnosis and although someone meets the Marchman Act criteria, at Turning Point of Tampa we do not have any say in involuntary admission procedures. The courts will guide family members who need to have a person involuntarily committed, and once that happens, the person can usually choose a voluntary admissions process at the program of their choice. The Marchman Act actively encourages people with substance use issues to get treatment voluntarily, one of the main provisions is forcing the issue by having an involuntary basis with a clear directive – get help or face consequences.
Turning Point of Tampa’s goal is to always provide a safe environment and a solid foundation in 12-Step recovery, in tandem with quality individual therapy and groups. We have been offering Licensed Residential Treatment for Addiction, Eating Disorders, and Dual Diagnosis in Tampa since 1987.
FAQ’s
Who can file a Marchman Act?
A petition for the Marchman Act can be filed by a legal guardian, the person’s spouse, a relative, or three adults who have personal knowledge of the individual’s substance abuse. The petition to invoke the Marchman Act must be filed in good faith by someone recognized by the court.
How long is the assessment and stabilization period under the Marchman Act?
The assessment and stabilization period under the Marchman Act occurs within 72 hours of transport to the designated facility and lasts up to a maximum of five days.
Are the Baker Act and the Marchman Act the same?
No. The Baker Act addresses mental illness, and the Marchman Act addresses addiction. There is a greater availability of secure treatment settings for those with primary mental health disorders than for those with substance abuse disorders.
