How Dade County Marchman Act Filings Proceed

If you're considering initiating a Dade County Marchman Act proceeding, you are not required to have an attorney, but it is better if you do. The respondent - the person you are trying to help - has the right to an attorney, and may be assigned a court-appointed attorney if he or she cannot afford one. Additionally, an attorney can legally expedite hearings, which can be critical when the respondent is in imminent danger or is an immediate danger to others.

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.