Timing can be critical when seeking help for a loved one with substance use disorder, but the legal process isn’t always predictable. Families often wonder how long it will take for their petition to be reviewed, when court hearings will be scheduled, and how soon treatment can begin. The reality is that the Marchman Act process doesn’t follow a one-size-fits-all timeline, and several factors can impact the speed at which things move forward.
Court availability, treatment facility capacity, and legal challenges can all play a role in delaying or expediting the process. While some cases progress quickly, others face unexpected setbacks. Understanding the key factors that influence the timeline can help families prepare for what’s ahead and take the necessary steps to avoid unnecessary delays.
The Typical Timeline for a Marchman Act Case
The length of a Marchman Act case can vary based on individual circumstances, but there is a general timeline that most cases follow. Once the petition is filed, the court reviews it and schedules a hearing within 10 working days to determine if there is sufficient evidence to proceed. The exact timing may vary depending on court availability.
If the judge orders an assessment, the individual must be assessed within 72 hours. Following the assessment, the court may decide to dismiss the case or proceed with a treatment order, which can last up to 90 days, which can be extended with clinical support. Throughout this period, additional hearings may be required to evaluate progress and determine if continued treatment is necessary. While some cases move quickly, others may take longer than expected due to specific factors or hurdles out of your control.
Factors that Influence How Long the Process Takes
Filing the Marchman Act petition is only the first step in the process. While completing and submitting the petition—either independently or with the assistance of an attorney—is essential, several other factors can impact the overall timeline. Court availability, the individual’s compliance, and treatment facility capacity all play a role in determining how quickly the process moves forward. Understanding these factors can help families set realistic expectations and take proactive steps to avoid unnecessary delays.
Filing the Marchman Act Petition
Filing the Marchman Act petition is the first step and is the responsibility of the individual seeking help for their loved one. While this process typically takes 30–45 minutes, it can be challenging, especially when ensuring all required documentation is included and accurately completed. Missing or incorrect information may result in delays if the court requests revisions or additional details.
Because the process can be complex, many people choose to work with an attorney to help ensure the petition is properly prepared and filed. Legal guidance can make navigating the requirements less stressful and help avoid unnecessary setbacks that could slow down the case.
Legal and Court Related Factors
Once the Marchman Act has been filed, the hearing will be scheduled within 10 working days. This hearing is set to determine whether the individual requires involuntary treatment services. The petitioner should use this time period to gather any evidence or documentation that they would like to present at the hearing.
The assessment and stabilization period which is used to determine whether an individual requires help may last until the hearing if certain criteria are met. If the judge finds that these services are needed, the order authorizes the individual to be held for up to 90 days.
Assessment and Treatment Availability
Once a Marchman Act petition is approved, the individual must undergo an assessment within 72 hours to determine the appropriate level of care. However, the availability of qualified professionals to conduct the assessment can impact how quickly this step is completed. If there are delays in scheduling or a backlog in the system, the process may take longer than expected.
Similarly, securing a treatment facility can also affect the timeline. Some facilities may have waitlists, limited bed space, or specific admission criteria, all of which can delay entry into treatment. Families should be prepared for potential challenges in finding an available facility and may need to explore multiple options to ensure their loved one receives timely care.
Medical and Psychological Considerations
The individual’s medical and psychological state can also influence the speed of the Marchman Act process. If the person is in immediate medical or psychological distress, their condition may require urgent care, which could lead to faster decisions or the need for emergency intervention. On the other hand, if the person has underlying medical or mental health issues, additional evaluations may be necessary, which can extend the timeline.
In some cases, delays may occur if the court needs more detailed assessments or input from medical professionals to fully understand the individual’s needs. This can include determining if any co-occurring mental health disorders need to be addressed alongside substance use treatment. These factors can add complexity to the process but are crucial to ensuring the individual receives comprehensive care.
Potential Delays in the Marchman Act Process
While the Marchman Act provides a legal pathway for getting a loved one into treatment, the process doesn’t always move as quickly as families hope. Various factors can cause delays, from court scheduling conflicts to difficulties securing a treatment facility. Understanding these potential obstacles can help families prepare for setbacks and take proactive steps to minimize delays.
Missing Information
One of the most common causes of delays in the Marchman Act process is incomplete or inaccurate information in the petition. Missing details about the individual, their history of substance use disorder, or the specific reasons for seeking involuntary treatment can slow down court approval. If essential documents, such as medical records or prior treatment history, are not included, the judge may request additional evidence before proceeding.
To avoid unnecessary delays, it’s crucial to ensure all required information is provided when filing the petition. Working with an attorney can help streamline this process by ensuring all paperwork is completed accurately and thoroughly, reducing the risk of setbacks due to missing documentation.
Hearing Absence
In most cases, the individual facing a petition for involuntary treatment is required to attend the court hearing. If they fail to appear or miss a required assessment, the process can be delayed. A missed court date may result in a rescheduled hearing, pushing back the original timeline and prolonging the wait for treatment.
Since an assessment must be completed within 72 hours, the court may take additional steps to ensure compliance. If the individual does not voluntarily attend, the judge may authorize law enforcement to intervene and transport them to the hearing or assessment. While this measure helps keep the process on track, it can add an extra layer of complexity and potential delays.
Legal Support: How an Attorney Can Help Expedite the Process
Navigating the Marchman Act process can be both time-consuming and complex, especially for those unfamiliar with the legal system. On top of that, watching a loved one struggle with a substance use disorder can be emotionally exhausting. The added stress of filing paperwork, attending court hearings, and ensuring everything is done correctly can quickly become overwhelming. Seeking guidance from an experienced attorney can help ease this burden, allowing families to focus on supporting their loved one rather than navigating legal complexities alone.
An attorney who understands the Marchman Act process can help streamline the filing by ensuring all required documentation is completed accurately and submitted on time. They are familiar with court procedures, expected timelines, and potential challenges, which allows them to anticipate issues and take proactive steps to keep the case moving forward. By working with a legal professional, families can avoid unnecessary delays, improve the chances of a swift resolution, and ensure their loved one receives the help they need as soon as possible.
Get the Legal Support You Need from Robinson & Casey
When time is of the essence, having the right legal team by your side can make all the difference. Our Robinson & Casey attorneys have extensive experience guiding families through the Marchman Act process, ensuring all legal requirements are met efficiently and effectively. From filing the initial petition to representing you in court, our team is committed to helping you navigate this challenging time with clarity and confidence.
If you need legal assistance to help a loved one struggling with substance use disorder, contact us today to schedule your free consultation and take the first step toward getting them the help they need.
Frequently Asked Questions
What role does the assessment play in the Marchman Act process?
The assessment is a critical step in the Marchman Act process. After the petition is filed, the individual must undergo an assessment within 72 hours to determine the appropriate level of care needed. The results of the assessment can influence whether the case proceeds to a treatment order or is dismissed. If treatment is necessary, the judge will issue an order that can last up to 90 days.
Can An Attorney Speed Up the Marchman Act Process
Yes, working with an attorney can help streamline the Marchman Act process. A legal professional can ensure that all required documentation is completed accurately, submitted on time, and help avoid delays due to missing information. Additionally, an attorney familiar with the process can guide you through the legal complexities, anticipate potential challenges, and ensure that the case proceeds as smoothly and quickly as possible.
