Frequently Asked Questions About the Florida Marchman Act

For families dealing with substance abuse issues, one of the most difficult problems is getting the addict to seek help voluntarily. Interventions can sometimes be helpful, but in many cases, the addict has no motivation to stop his or her harmful behavior. The Florida Marchman Act provides an avenue to substance abuse treatment through court-ordered drug rehabilitation for those who will not seek drug rehabilitation and substance abuse services on their own. These are some of the most frequently asked questions about the Florida Marchman Act to help families decide whether it’s an avenue they want to pursue.

What is the Marchman Act?

Technically speaking, the Florida Marchman Act is a civil confidential involuntary commitment state. In layman’s language, it’s a law that helps families get drug-addicted loved ones into detox, intervention, stabilization or long term substance abuse treatment when they won’t seek help voluntarily.

Do I Have to Be a Family Member to Use the Marchman Act?

No. The law can be invoked by a spouse, blood relative or by any three people who have direct knowledge of the person’s substance abuse. Many addicts have left family behind or have no family connections at all. The law provides a way for concerned friends, co-workers and others with knowledge of the addict’s substance abuse to get involved and get help for him.

What is the Process Like to Use the Florida Marchman Act to Get Court Ordered Drug Rehabilitation?

First, you have to be able to demonstrate that the person has no self-control with respect to the substance abuse and that he or she is likely to inflict damage to himself or to others without treatment. You must also show that the addict is unable to make a rational decision regarding substance abuse treatment and care. Finally, you must show that the addict is unwilling to enter into substance abuse treatment voluntarily.

You start the process by filling out and filing paperwork requesting a hearing under the Marchman Act. The clerk will set a hearing before the court after the Petition for Involuntary Assessment and Stabilization is filed. If the judge agrees, the person will be held for up to five days in order to medically stabilize their condition and assess their situation. At the end of that period, the treatment center will make a recommendation to the court.

After that, you must file a Petition for Treatment with the court and get a second hearing to review the recommendation and assessment. At that hearing, the judge can order a 60-day treatment with a potential 90-day extension. If the addict refuses to comply with the court ordered drug rehabilitation, he can be charged with violating a civil order and incarcerated.

For more information on whether the Florida Marchman Act is the right course of action in your situation, contact a Florida attorney who specializes in dealing with cases involving substance abuse.