Yes, in certain cases the Marchman Act can be used to help minors. If a parent, guardian, or qualified medical or mental health practitioner petitions the court successfully, a minor may be evaluated and treated—even if they would not have pursued help on their own.
The Marchman Act is arguably the most effective and beneficial resource for those who are concerned about a minor struggling with alcohol or drugs. If you want to know more about the Marchman Act or are considering taking action to help someone in need, allow a Florida Marchman Act lawyer to help. This process is complicated, and it’s critical for all involved parties that you pursue action the right way.
The Basics of Florida’s Marchman Act
Before you can understand how the Marchman Act can benefit a minor at risk, you must know what the Marchman Act is (if you don’t already).
While Florida has seen the devastating effects of the opiate epidemic (and many other forms of addiction), substance abuse is nothing new in this state. The Marchman Act is perhaps the most monumental response to the state’s long-running battle against addiction, and the legislation became law in 1993. Including recent updates to the Act passed in 2024, the Marchman Act:
- Carved out a legal avenue for those struggling with substance abuse to be evaluated and, in many cases, treated, even if they were against treatment
- Established multiple steps, including evaluation of each person who is the subject of a petition, to extend treatment without violating anyone’s fundamental rights
- Afforded parents, guardians, siblings, children, and certain others to intervene when they saw a loved one at risk of serious harm and even death
Getting people life-saving resources while respecting our rights and autonomy is a delicate balancing act. With the Marchman Act, Florida sided with the position that saving lives is the most important priority. Even when our loved ones do not want to save themselves, or simply can’t, the Marchman Act allows us to help.
Minors Cannot Generally Consent to Their Own Treatment, But the Marchman Act Ensures You Can Get Them Help
Parents and guardians must generally consent before a minor can receive any type of consequential care, including medical treatment and mental health services. In this sense, a minor can not consent to their own treatment for substance abuse, even if they were inclined to.
It makes sense, then, that parents, guardians, and certain others have the right (thanks to the Marchman Act) to pursue the help the minor needs—even if the minor says they don’t want the help.
You can petition the appropriate circuit court to have the minor evaluated. If the evaluator recommends it, you can expect that the court will refer the minor to receive the treatment they need and deserve.
An Example of the Marchman Act in Action (to Help You Better Understand)
Legal jargon can be difficult to untangle. Let us give you an easy-to-understand example that shows how the Marchman Act works—and why it’s helped save countless lives in Florida.
A plausible example of the Marchman Act in action is:
- A 16-year-old has become addicted to opiates
- Their parents have attempted to get the teen into rehabilitation facilities, but the teen has left multiple times and has overdosed in recent weeks
- At a loss for how to save their child’s life, the parents file a Marchman Act petition with assistance from an attorney
- The child is humanely detained by authorities, who then arrange for an assessment by a highly qualified, compassionate evaluator
- The evaluator determines—as the parents already know too well—that the teen is at risk of serious injury or death if they do not receive treatment and rehabilitation
- The teen is ordered to receive inpatient treatment by the judge presiding over the petition
For too long, parents, siblings, children, and friends have seen someone they love struggling with one or more substances. Before the Marchman Act, those concerned parties had little recourse to persuade the struggling individual to seek treatment. If the individual succumbing to drugs or alcohol did not want to help themselves, others’ attempts to help often fell on deaf ears.
The Marchman Act has empowered loved ones to prevent disaster, and in many cases save a life.
The Marchman Act Is Anything But Simple, But It Can Be Highly Effective. Let a Lawyer Help You Help Your Loved One.
It does not matter whether or not you are related to the minor in question. If you are eligible to file a Marchman Act petition, and you care about the well-being of that minor, it is in your interest to speak with a Marchman Act attorney.
Your Florida Marchman Act lawyer will:
Explain Everything You Need to Know About the Marchman Act
Specifically, your attorney will:
- Hear your account of why you’re considering filing a Marchman Act petition
- Answer your questions and address any concerns you have
- Lend you their advice
- Explain the next steps, if you elect to move forward with the petition
Let a lawyer simplify a highly complex statute and explain how that statute applies to your circumstances.
Formulate a Plan for Getting the Minor the Help They Need
There are several potential ways to have the individual submitted for evaluation and treatment. An attorney will help you identify the most practical, humane manner of administering help.
File the Marchman Act Petition on Your Behalf
If you choose to file a Marchman Act petition, your attorney will draft and file that petition as soon as possible.
Every second counts when we’re talking about saving someone from a potentially lethal lifestyle, and your Marchman Act attorney will not waste a moment.
Represent You Throughout Marchman Act-Related Proceedings
Your attorney will be your adviser in all things related to the Marchman Act. Their support and advice will be priceless.
Hire a Florida Marchman Act Attorney as Soon as You Can
The Marchman Act is a tool that every relative, guardian, and friend should know about. If there is a minor in your life who you are concerned about, lean on a Marchman Act lawyer who is standing by to assist.
