n Florida, more than 1 in 10 adults struggle with substance use disorders, affecting families and communities across the state. If someone you care about resists treatment, the Florida Marchman Act provides a legal option to intervene, allowing families to petition the court for involuntary assessment and treatment to support their loved one’s recovery journey.
This article will guide you through the various treatment options available under the Marchman Act. Each option—from initial assessment and stabilization to long-term care—exists to provide the structure, support, and medical assistance individuals need to begin the path to recovery safely.
If you’re ready to take decisive action, call us today at (561) 849-4700 to discuss how the Marchman Act may provide a solution for you and your family.
Involuntary Assessment and Stabilization
In cases where voluntary treatment isn’t an option, the Marchman Act provides for involuntary assessment and stabilization, allowing individuals to receive a professional evaluation and necessary medical support for a limited period.
This initial phase serves as an urgent intervention if the circumstances warrant it, with the goal of helping individuals regain enough clarity to begin their path to recovery.
Here’s how this process works:
- Court Petition: Family members or loved ones petition the court to initiate an involuntary assessment, providing evidence that the individual poses a risk to themselves or others due to their substance use. This petition follows the legal process under Florida Statute § 397.6811.
- Temporary Hold for Evaluation: Once the petition is granted, the individual may be held for up to five days. During this period, licensed healthcare professionals assess the person’s physical, mental, and emotional health. The goal of this evaluation is to determine the severity of the addiction, the potential for harm, and whether ongoing treatment will benefit the individual.
- Stabilization Services: In many cases, the assessment phase includes medical intervention to help reduce the strain of withdrawal, as well as counseling and therapy preparing the individual mentally and emotionally for a longer recovery process.
Court-Ordered Treatment
If the initial assessment indicates that ongoing treatment is necessary, families may file a second petition under Florida Statute § 397.693, requesting an order for involuntary treatment. This petition outlines the person’s condition, the danger their substance use poses, and the necessity of sustained care. The court then reviews the evidence and decides whether to order treatment.
The initial court-ordered treatment period lasts up to 60 days, but the court may extend this if further care is needed. A thorough review process ensures that each extension is justified based on progress reports and the individual’s continued health needs.
The goal of this phase is not just to ensure compliance with treatment but to provide a supportive environment where individuals can genuinely engage in recovery, protected from the influence of addiction.
Types of Treatment Available
The court may mandate different treatment types depending on the individual’s needs, including:
- Detoxification Programs: Detoxification is often the starting point, providing medical oversight as the individual’s system clears from substances.
- Inpatient Residential Treatment: For severe cases, inpatient programs offer a controlled, therapeutic environment away from the stresses and triggers of daily life. Inpatient facilities provide 24/7 medical and psychological support.
- Outpatient Programs: For individuals who can maintain some level of daily independence, outpatient programs offer flexibility. These programs allow patients to attend scheduled therapy sessions and medical check-ups while balancing responsibilities outside the treatment center.
Voluntary Treatment
Families may encourage their loved ones to pursue voluntary treatment as an alternative to the court-ordered approach, especially when an individual shows openness to addressing their addiction. Some key aspects of voluntary treatment include:
- Access to Comprehensive Care: Individuals who willingly seek help have access to a range of treatment options, including medical detox, inpatient programs, and outpatient services. In Florida, numerous licensed treatment facilities work directly with individuals and their families to establish a tailored plan for recovery.
- Reduced Legal Involvement: By voluntarily entering a treatment program, individuals avoid the court mandates associated with the Marchman Act, allowing them to engage in a self-motivated recovery path.
Treatment Options Available for Voluntary Participants
Voluntary treatment allows individuals to select a level of care suited to their specific circumstances, promoting autonomy in their recovery journey. Common options include:
- Detox Programs: Voluntary participants may begin their recovery process with detox, managed by medical professionals who monitor withdrawal symptoms and provide support.
- Residential Treatment Facilities: Residential facilities offer a structured environment that fosters healing through intensive counseling, group therapy, and holistic activities, such as art or exercise therapy.
- Outpatient Programs: Outpatient care allows individuals to receive regular therapy and support while remaining active in their daily lives. This option is ideal for those who need flexibility but are committed to attending scheduled sessions consistently.
Aftercare and Continuing Care
Research indicates that individuals who participate in aftercare programs are significantly less likely to relapse compared to those who exit treatment without continued support. Florida courts recognize this reality and may include aftercare in the court-ordered treatment plan under the Marchman Act to strengthen the path to sustained recovery.
Aftercare services vary based on individual needs but generally include a mix of counseling, monitoring, and support designed to reinforce healthy habits and coping strategies. Common aftercare components include:
- Counseling and Therapy: Ongoing one-on-one or group counseling sessions provide a space for individuals to address new challenges, reinforce coping strategies, and gain emotional support from peers and professionals.
- Support Groups: Programs like Narcotics Anonymous (NA) and Alcoholics Anonymous (AA) offer structured, peer-led environments where individuals in recovery share experiences and support each other in maintaining sobriety.
- Relapse Prevention Programs: These programs teach individuals how to recognize triggers, manage stress, and build resilience to prevent relapses. Practical skills like developing daily routines, cultivating healthy relationships, and managing emotions are emphasized.
- Family Support Programs: Families play a critical role in an individual’s recovery. Support programs help loved ones understand addiction, set healthy boundaries, and create a supportive home environment conducive to ongoing recovery.
Monitoring and Compliance in Aftercare
In some cases, the court may require regular progress reports or check-ins as part of the aftercare plan under the Marchman Act. This additional layer of accountability helps individuals stay on track and allows the court to intervene if setbacks occur.
Secure a Lasting Recovery with Robinson & Casey
Call us today at (561) 849-4700 to discuss how we can help your loved one access the treatment they need and take the first steps toward lifelong recovery.
