Is there someone in your life who may need extended treatment for their substance abuse problem? If they have undergone involuntary treatment through the Marchman Act but are still struggling, they may undergo additional treatment through the same order.
The Marchman Act is a vital legal tool in Florida designed to address substance abuse issues. It provides a pathway for families and concerned individuals to intervene when a loved one struggles with addiction and is unwilling or unable to seek help voluntarily.
How Long Can a Person Be Held in Treatment Under the Marchman Act?
One of the primary questions individuals have about the Marchman Act is how long a person can be held in treatment. Initially, a court-ordered assessment determines the appropriate level of treatment needed. This assessment can lead to a treatment order of up to 60 days. However, it’s essential to note that this initial period can be extended under certain circumstances.
Can a Marchman Act Treatment Order be Extended?
Yes, a Marchman Act treatment order can be extended beyond the initial 60-day period. An extension request can be filed up to 10 days before the expiration of the original order. A hearing will then be scheduled within 15 days of filing. During this hearing, a judge can grant an extension for up to an additional 90 days if deemed necessary for the individual’s recovery.
Factors That Can Extend the Length of Treatment
Several factors can contribute to extending a Marchman Act treatment order. These may include the severity of the individual’s substance abuse disorder, progress made during the initial treatment period, and recommendations from treatment professionals. Additionally, if there are concerns about relapse or ongoing risk to the individual’s health and safety, an extension may be warranted.
Legal Rights and Protections of Those Under the Marchman Act Treatment
Individuals undergoing treatment under the Marchman Act have legal rights and protections. These include the right to legal representation, confidentiality of medical records, and the right to challenge the necessity of treatment. While this may go against the wishes and good intentions of those filing the petition, these are allowed by law to ensure fairness to all parties involved. It’s crucial for individuals and their families to understand these rights and ensure they are upheld throughout the process.
Alternatives to Involuntary Treatment Under the Marchman Act
While involuntary treatment under the Marchman Act is sometimes necessary, there are alternative approaches that can be explored. These may include voluntary treatment programs, interventions, and support groups. Such options allow individuals to take control and responsibility for their recovery journey.
However, if all other options have been exhausted, and if the situation has escalated to the point where the individual’s health, safety, and well-being are at risk, the Marchman Act may be the only choice and hope left. Our team at Robinson & Casey is here to support your family in such cases and can help assess the best course of action for your loved one’s unique situation.
How Our Marchman Act Attorneys Can Help
Filing and extending a Marchman Act treatment order can be emotionally daunting and legally complex. Having an experienced attorney by your side can provide invaluable support and guidance. At Robinson & Casey, we have a deep understanding of Marchman Act cases and can advocate for the best interests of you and your loved one.
Our attorneys will collaborate with a court-certified interventionist who can inform the court if the initial 60-day treatment period is inadequate. Based on their assessment, recommendations will be made to the court, advocating for an additional 90-day period of substance abuse treatment in the best interest of the respondent.
Extending a Marchman Act order is a critical step in ensuring individuals receive the necessary treatment for substance abuse disorders. At Robinson & Casey, we are committed to helping families navigate this process with compassion and expertise. If you’re facing challenges with extending a Marchman Act order, don’t hesitate to reach out to us for guidance and support. Together, we can work towards a brighter, healthier future for your loved one.
