The Marchman Act process involves several steps:
- Filing a Petition: A concerned family member, guardian, or any adult with personal knowledge of the individual’s substance use and co-occurring mental health condition can file a petition with the Clerk of Court in the Florida county where the individual is located.
- Ex Parte Order or Hearing for Assessment: If there is an urgent threat, the court can issue an emergency order without a hearing, allowing law enforcement to take the individual into custody for involuntary assessment or have the order served at the facility where your loved one is located. It is possible that the Court may set a hearing on the Assessment phase of the case, but we do our best to provide enough factual support to convince the Court to issue an Ex-Parte Order.
- Assessment and Stabilization: The person is placed in a licensed facility for up to 72 hours for involuntary assessment. The 72-hour assessment period may be extended if your loved is still undergoing detox or is being treated for a medical condition.
- Court Hearing on Petitions for Involuntary Treatment and/or Assessment: A hearing is held where the judge reviews evidence and decides whether to order up to 90 days of treatment.
- Monitoring & Extensions: The court may extend the treatment if needed. Non-compliance can lead to civil contempt.
Each county may have slightly different procedures, rules and forms, so it’s wise to consult an attorney before filing
The Marchman Act may be the right step if your loved one:
- Is addicted to drugs or alcohol or has a co-occurring mental health disorder,
- Refuses treatment, and
- Poses a danger to themselves or others, or is unable to make decisions about their care.
It is often a last resort, after other options (talking, interventions, voluntary treatment) have failed. If you’re unsure, speaking with a member of our team can help you assess whether this legal step is appropriate. While it may cause initial tension, it could save a life.
The Marchman Act deals with substance abuse (drugs and/or alcohol), while the Baker Act addresses mental illness. The Marchman Act allows for involuntary assessment and treatment of someone whose substance use poses a threat to themselves or others. The Baker Act is used when someone with a mental illness is a danger to themselves or others and needs emergency psychiatric stabilization and care. Both are Florida statutes, but they apply to different types of crises.
Rarely and only in certain counties. If the court orders treatment under the Marchman Act, the individual may be placed in a facility under a Court Order especially during the assessment and stabilization phase. However, the level of security often depends on the facility, the individual’s condition, and the court’s ruling.
Possibly. It’s common for someone to feel upset, betrayed, or angry when they are involuntarily committed. However, many people later express gratitude once they begin recovery, especially once they have been able to receive quality clinical treatment.
It depends. In some situations, discussing it may escalate conflict or prompt the person to flee. If there’s a risk of that, it’s usually best not to warn them. Consulting a member of our team is advisable.
An attorney is not legally required, but having one can help you navigate the court system more effectively and improve your chances of success, especially if the case is contested or complex. Additionally, often times pro se filers are unsure of the intricacies of follow through and potentially enforcement of the Order, and the Court is not permitted to provide legal advice to the Petitioner. A Respondent in a case is provided counsel through the State if they financially qualify, and it can be extremely difficult to navigate a case against an attorney, without an attorney.
Non-compliance can result in civil contempt, and the court can intervene to ensure compliance. Incarceration can be utilized to enforce compliance with the Court Order.
No, the Marchman Act is a civil proceeding, not criminal, so it does not create a criminal record. Court filings are sealed and confidential.
The Marchman Act is a confidential process. The clerk may disclose the filings of a Marchman Act which could include the attorneys involved, the petitioner, the respondent, the respondent’s guardian advocate (if applicable), the respondent’s guardian, respondent’s treating healthcare provider, respondent’s health care surrogate or proxy, the Department of Children and Families, or other parties if good cause exists for such disclosure.
The initial involuntary assessment period is up to 72 hours, followed by a possible court-ordered treatment period of up to 90 days, with extensions possible if clinically appropriate.
Payment depends on the individual’s insurance or ability to self-pay. If they cannot pay, treatment may be provided at a state-funded facility, but availability is limited. Families are not legally obligated to pay.
Common reasons include:
- Insufficient evidence of impairment or danger.
- Procedural errors (e.g., incorrect forms).
- Lack of jurisdiction (the individual is not in the county).
- The person leaves the area before the order is enforced.
Only with the individual’s written consent, due to confidentiality laws. Without consent, providers can’t share details about progress, discharge, or even confirm their presence. With that said, facilities are usually obligated by Court Order to advise the Court of non-compliance with treatment recommendations.
It varies. Filing to court hearing can take a few days to a couple of weeks, depending on the county. Immediate “ex parte” orders may allow for rapid intervention if there’s a safety concern. From the time we are retained, we will generally be able to file a petition within 12-24 hours, assuming our client is able to provide the information that we need in such time.
Yes, it can. While motivation improves outcomes, many people begin treatment involuntarily and find motivation during the process. The structure and support of treatment can foster insight and willingness to change.
You can only file in Florida, and only if the individual is physically located in the county at the time of filing. Out-of-state individuals are not subject to the Marchman Act unless they are present in Florida. Often times, families will bring loved ones to the state of Florida to take advantage of this law which has helped many individuals and families.
Yes. After the initial 90-day treatment order, the court may extend it for additional 90-day increments if necessary, based on professional recommendations and ongoing risk.
We can help with that. As a firm, we’ve been there and several of our team members have worked in substance use and mental health treatment. We will help connect you with options for your loved one that fits within your preferred geographic location and price range. You should consider location, services offered (detox, dual diagnosis, long-term care), insurance acceptance, and whether they work with the Marchman Act process.
- A spouse, relative, or guardian.
- Any individual with direct knowledge of the person’s condition.
You must show that the individual:
- Is impaired by substance abuse.
- Cannot make rational decisions regarding care.
- Is a threat to themselves or others OR is incapable of caring for themselves.
Evidence can include: - Witness statements.
- Police or hospital reports.
- Text messages, photos, or videos showing dangerous behavior.
Often, our families do not have any documents to substantiate the case, which is okay. An affidavit and testimony is often sufficient to establish the criteria.
