The Marchman Act, which is short for the Hal S. Marchman Alcohol and Other Drug Services Act of 1993, is a Florida law designed to assist individuals struggling with substance abuse. It allows family members, friends, or legal representatives to petition the court to intervene when someone is unwilling to seek help for their addiction voluntarily. While the Marchman Act can be a lifeline for those in need, there are instances where a petition under this act can be denied.
What is the Marchman Act?
The Marchman Act empowers families to take action when a loved one’s substance abuse problem is spiraling out of control. It enables them to petition the court to assess and potentially compel treatment for individuals who are unwilling or unable to seek help on their own.
Who Can Initiate the Marchman Act?
Under the Marchman Act, any concerned individual, including family members, friends, guardians, or legal representatives (physician, therapist, or law enforcer), can initiate the process by filing a petition with the court. This petition typically outlines the individual’s substance abuse issues and requests intervention and assessment.
Minors, those under 18, don’t need the Marchman Act for involuntary treatment admission. Parents can legally enroll their children in treatment even if the child objects. However, guardians might need to use the Marchman Act to involuntarily commit a minor to treatment.
How can a Marchman Act petition be denied?
While the Marchman Act provides a legal framework for compelling treatment, there are circumstances under which a petition may be denied. Some common reasons for denial include insufficient evidence of substance abuse, failure to meet procedural requirements, lack of treatment services, lack of financial means to pay for the treatment, or lack of jurisdiction by the court.
Under the Marchman Act, there are several steps to involuntarily admitting someone to treatment, and at any of these steps, the petition may be denied.
- Initially, the court reviews the petition to ensure its legality. If the court finds the petition legally insufficient, it may be denied at this step.
- If the petition is legally sufficient, the respondent may come forward and dispute the allegations made in the petition. If the respondent succeeds, the court may decide an assessment isn’t needed, and the petition is denied.
- If an assessment is deemed necessary but concludes that the person doesn’t need treatment, the process can be denied.
What happens if an individual refuses Marchman Act treatment or leaves early?
If an individual refuses to comply with a court-ordered treatment plan or leaves treatment prematurely, they may face consequences, including potential legal sanctions. The court may take further action to ensure compliance, such as extending the treatment period or imposing other measures to address the individual’s substance abuse issues.
Can a Marchman Act Treatment be Extended?
Yes, a Marchman Act treatment can be extended if the court determines that additional time is necessary for the individual to achieve meaningful progress in their recovery. Extensions are typically granted based on the recommendations of treatment providers and other relevant factors assessed by the court.
A request for an extension can be submitted up to 10 days before the original order expires. A hearing will be scheduled within 15 days of filing. At the hearing, the judge can approve an extension of up to an additional 90 days.
Legal Support for Marchman Act Cases
Marchman Act cases are highly sensitive, unique, and private. At Robinson & Casey, we understand and know this from experience. Our Marchman Act attorneys are here to guide you through every step of the journey, from filing the initial petition to advocating for your loved one’s rights in court. If you’re facing a substance abuse crisis and considering the Marchman Act as a solution, don’t hesitate to reach out for a compassionate consultation. Together, we can work towards a brighter and healthier future for you and your family.
