The Marchman Act has been immensely influential since its inception, however many don’t truly know the history of the Marchman Act. It was named after Rev. Hal S. Marchman when implemented in 1993. The act is designed to provide an avenue for involuntary assessment/stabilization and treatment for individuals with substance use disorders and co-occurring mental health disorders who meet certain criteria. It provides a more effective way of helping people with substance use disorders because they lack the insight into their condition to recognize that they are ill and need treatment.
Anyone with direct firsthand knowledge can initiate the process. Here at Robinson and Casey Law, we understand how effective this act can be in helping your loved one deal or overcome their substance use disorder, and we recognize that our clients are often in crisis and in need of the immediate attention of an experienced attorney to navigate the process. Let’s take a closer look at the history and how it’s applied.
History Of The Marchman Act
Prior to 1993, substance use disorder was addressed based on the guidelines from chapter 396 and 397. 396 dealt with alcoholism while 397 dealt with those who had drug dependencies. This changed on October 1st, 1993. The new chapter 397 was dubbed the “Hal S. Marchman Alcohol and Other Drug Services Act, which superseded the older iterations of chapter 396 and 397, respectively. Unlike its predecessor, The Marchman Act does not make a distinction between drug dependency and alcoholism, instead, it follows the term “substance use disorder” and everything that falls into that camp. The act will permit family and friends to encourage their loved ones to obtain substance use disorder treatment.
Throughout the years, the involuntary courts have modified portions of the admissions sections within the act. With that being said, the intent behind the law has remained the same- to protect an addicted person who meets Marchman Act criteria, through the use of a Court Order to undergo assessments and to receive treatment to get better. Some of the newest modifications took effect in July 2017.
Advantages Of Marchman Act & How It Fully Functions
The following are advantages that come when the Marchman Act is enforced:
- It can be used as leverage during an intervention if the person is not admitted voluntarily
- If the individual or the family overseeing the care doesn’t have health insurance or the means to fund this, depending on your county, state-funded treatment can kick in and provide assistance.
- This alleviates stress from families and the person will be placed in the care of the law.
To read more about the Marchman Act, you can click here.
How the Act is Initiated
The Marchman Act process is initiated by the filing of a Petition for Involuntary Assessment and/or Stabilization. Following this Petition and subsequent Order from the Court, the individual can be brought to an assessing facility pursuant to the Order to undergo an involuntary assessment and stabilization process. Following the assessment, if treatment is recommended, a Petition for Involuntary Treatment is filed and brought before the Court with supporting evidence in the form of testimony and documentation. The Marchman Act permits for entry of an Order for Treatment for a period of up to 90 days, with the possibility to have the Order extended for additional periods if clinically recommended. There are certain safety measures in place under the Act to prevent the individual from violating the Order, and imposing potential consequences if the Order is in fact violated.
Working With The Marchman Act Professionals
For those who are actively seeking out information on the Marchman Act and how it can save someone near and dear to them, look no further than our team at Robinson & Casey Law. Contact us today to better understand the process!
