Watching a loved one battle substance abuse is heartbreaking, and families often feel powerless as they witness the toll addiction takes. The emotional strain of seeing someone lose control over their life leaves families unsure of how to help, especially when the person refuses treatment.
In Florida, the Marchman Act offers a solution. It allows families to intervene legally when voluntary treatment isn’t an option. By petitioning the court, they can secure court-ordered assessment and treatment, giving their loved one a structured path to recovery.
While the relief of knowing help is available is significant, families often worry about how long their loved one might be required to stay in treatment under the Act.
Understanding the timeline and legal process helps ease some of that uncertainty, giving families a clearer picture of what to expect during this difficult time.
Here’s what you should know about how long your loved one can be held on Marchman Act mandated treatment.
What Is the Marchman Act?
The Marchman Act is a Florida law designed to help families and law enforcement intervene when an individual’s substance abuse endangers their own safety or that of others.
This law allows for the court to mandate an involuntary assessment and treatment process when voluntary care is not being pursued. Families may petition the court when they believe the person’s substance abuse has reached a critical level, and law enforcement can also initiate the process.
Once a petition is filed and approved, the court orders an initial assessment, typically lasting up to five days. This period allows healthcare professionals to evaluate the individual’s condition and recommend the appropriate treatment path.
If further care is needed, the court may order continued treatment, ensuring the individual receives the necessary support to recover.
The Marchman Act emphasizes both thorough evaluation and stabilization, providing a structured, legally supervised approach to addressing substance abuse while balancing the individual’s rights.
Phases of Marchman Act Treatment
The Marchman Act process involves two key phases: Assessment and Stabilization.
Assessment Phase
Once a petition is approved, the court orders an initial assessment, typically lasting up to five days. During this time, professionals evaluate the individual’s condition to determine the severity of their substance abuse and the risk they pose to themselves or others.
The goal is to assess whether treatment is necessary and, if so, to recommend the appropriate level of care. This phase focuses on understanding the individual’s needs and deciding on the next steps in treatment.
Stabilization Phase
If the assessment indicates that treatment is required, the court may order a stabilization period, usually up to 60 days. This phase involves active treatment, where the individual participates in a structured program designed to address their substance use disorder.
Treatment may occur in a residential facility or outpatient setting, depending on the individual’s condition. The court oversees the therapy, and progress is regularly reviewed to determine whether continued care is necessary.
Both phases ensure that individuals receive the help they need while maintaining legal oversight to protect their rights and well-being.
Court Involvement and Extensions
The court plays a central role throughout the Marchman Act process. After the initial assessment and stabilization periods, the court reviews the case to determine if further treatment is necessary.
If the individual has shown progress and no longer poses a risk to themselves or others, the court may allow them to leave treatment. However, if ongoing care is needed, the court can approve an extension of up to 90 days.
These extensions are not automatic. The treatment provider must present evidence that continued care is required to support the individual’s recovery.
The court carefully evaluates the situation before granting an extension, balancing the need for ongoing treatment with the individual’s rights.
Families and professionals may request additional extensions when necessary, but they must justify each request based on the individual’s progress and current condition.
This system ensures that individuals receive the right amount of treatment while providing opportunities for review and adjustment based on their recovery journey.
Rights of the Patient
Even though the Marchman Act allows involuntary treatment, individuals maintain fundamental legal rights. The person in treatment has the right to legal representation and may contest the court’s decisions anytime.
They may request a hearing to present their case if they believe the treatment is unnecessary or their rights are violated. The court regularly reviews the individual’s progress to ensure that treatment remains appropriate and necessary.
If the treatment provider believes that the person no longer needs court-ordered care, they must inform the court, which can then decide to release the individual from the program.
Patients also have the right to humane treatment during their time in care. Facilities must provide a safe environment, and any concerns about mistreatment or inadequate care can be reported and reviewed.
These rights are essential to ensure fair treatment while receiving the help they need to overcome substance abuse.
The Marchman Act provides a legal pathway for families in Florida to intervene when a loved one’s substance abuse becomes life-threatening.
Through court-ordered assessment and treatment, individuals receive the care they need, even when they may not be willing to seek help independently.
The process is carefully structured, beginning with an assessment phase, stabilization, and possible treatment extensions if necessary.
While these steps ensure proper care, the court still reviews progress to balance the individual’s recovery needs with their legal rights.
Contact the Experienced Marchman Act Lawyers at Robinson & Casey, PLLC to Learn More
Due to the complexity and emotional nature of the process, having a lawyer is essential when pursuing a Marchman Act petition. A lawyer ensures accurate paperwork filing, represents the family’s interests in court, and advocates for the most favorable outcome for the individual needing treatment.
With our skilled legal guidance, your family can navigate your family member’s rights while meeting the requirements for court-ordered treatment. Our professional support can help ensure a smooth and effective intervention, avoiding missteps that could delay necessary care.
We can explain the critical elements of the Marchman Act, including how long someone may be held for treatment and the protections in place for patients. We’ll help your family feel more informed as you seek help for your loved ones. Call us today at (561) 849-4700 for more information.
