Assessment and Treatment Recommendation
The first step of the Marchman Act process is the filing of a request for the respondent to be evaluated and sent for stabilization and detox. The court reviews the petition and will issue a court order if assessment and stabilization is deemed necessary. The respondent will either be ordered to report immediately to a pre-determined facility for stabilization and assessment or will be delivered there by law enforcement.
If Treatment is Court Ordered
After assessment and stabilization, the provider of the stabilization treatment will make a recommendation to the court. If treatment is deemed necessary, it is generally intensive outpatient treatment or residential drug abuse treatment. The court will decide whether or not to order the respondent to comply with the recommendation. If so, treatment will be ordered for at least 60 days.
If the Respondent Leaves Treatment Prematurely
When the respondent is non-compliant, either by leaving inpatient treatment or failing to report to outpatient treatment, a Rule to Show Cause can be filed with the court. The judge will hold a hearing, and if the Rule to Show Cause is proven, the judge will generally give the respondent one more opportunity to comply. If the respondent fails to comply, he or she can be found in civil contempt and may be incarcerated until they are ready to resume treatment.
Court Ordered Alcohol Abuse Assessment Can Save Lives
It is not easy to go through the process of sending a loved one to court ordered alcohol abuse assessment, but the legal process is designed to protect everyone's rights, and in some cases, this option is the only way to get a person into treatment.
