What Happens When a Loved One Undergoes Substance Abuse Assessment?

If you have considered using the Marchman Act to help a loved one receive possibly life-saving court ordered addiction treatment, it's important to understand what happens to him or her during this process. For example, involuntary alcohol abuse assessment is the step where clinicians evaluate the extent of the person's alcohol dependence and attempt to match the person with appropriate treatment. Assessment defines the nature of the person's addiction and develops treatment recommendations for addressing the addiction.

At Addiction Recovery Legal Services LLC, we help people navigate the Marchman process so their loved ones can be assessed and appropriate treatment recommendations can be made. Here are some of the components of addiction assessment programs.

Assessment of Immediate Safety Risk

The first step in assessing addiction involves determining any immediate risks related to severe intoxication or withdrawal as well as immediate risk for violence, self-harm, or suicide. Addiction treatment professionals will ask the person being assessed if he or she has any immediate attention of engaging in self-injury or violence. If so, the clinician will take appropriate safety precautions, try to obtain more information on the nature of the intentions and arrange for more thorough assessment by a trained mental health professional.

Screening for Co-Occurring Mental Illnesses Like Depression

Depression, eating disorders, anxiety, and post-traumatic stress disorder are common among substance abusers, and those entering into court ordered addiction assessment are screened for co-occurring disorders like these. If screening indicates a possible mental health disorder, more thorough evaluation will be done by a mental health professional. Some drugs and withdrawal symptoms mimic mental illness symptoms, so reassessment of mental illness is generally performed again later to ensure accurate diagnosis and recommendations for treatment.

The Assessment Interview

The assessment interview is really the first step in assessment and treatment of addiction, and can set the tone for the entire process from the point of view of the addict. The interviewer usually explains up front the reason for the interview and will take into account mental health screening results so that ultimately a comprehensive treatment recommendation can be made. A skilled interviewer understands that addiction isn't isolated, but occurs in response to other areas of life and conveys this understanding to the patient. This understanding can help disarm a patient's natural defensiveness concerning his or her addiction.

Medical Assessment

Medical screening is important in addiction assessment, because many people with addictions lack health care, and because many addictions result in health consequences such as sexually transmitted diseases and infectious diseases like HIV. If the person undergoing assessment has other health conditions like high blood pressure, diabetes, or heart disease, or if a female patient is pregnant, this information should be considered when the assessment team makes addiction treatment recommendations. 

Considerations of Barriers to Treatment

When making recommendations about addiction treatment, clinicians should take into account possible barriers to treatment, including dysfunctional family relationships, treatment program restrictions, presence or absence of health insurance, and financial obstacles. When potential barriers to treatment are identified, substance abuse professionals can try to address these barriers in their treatment recommendations to increase chances for successful rehabilitation.

Court ordered addiction treatment can work when voluntary treatment does not. The Marchman Act makes provisions for involuntary alcohol abuse assessment or addiction assessment, and the assessment process sets the stage for addicted individuals to be matched with a treatment program that can best meet their needs. (Learn more about us here)

Here Are 5 of the Most Common Substances Treated in Rehab Centers

The Marchman Act has given families and loved ones of addicts a powerful tool for helping addicts receive life saving treatment. It is a legal process that should not be taken lightly, but that can compel a person to get treatment for an addiction when everything else has failed. The Marchman Act includes the consequence of incarceration for those who drop out of rehab or refuse to go, and it usually gets results. Here are five of the most common types of addictions that can be deadly if they go untreated.                                          

1. Alcohol

Court ordered alcohol addiction intervention works when regular interventions fail. Alcohol abuse carries with it risk of physical injuries and violence, and it can cause serious fetal damage in pregnant women. Alcohol is often a major complicating factor with clinical depression, and long term alcohol use can cause neurologic problems and liver failure. Fatal overdoses are also possible. If your loved one refuses treatment, court ordered alcohol addiction intervention may be the only option for saving their life.

2. Opioids

The most commonly abused opioid is heroin, which also goes by the nicknames brown sugar, dope, H, junk, and smack. It may injected, snorted, or smoked, and causes drowsiness, euphoria, confusion, dizziness, sedation, and slowed breathing. Consequences of opiod abuse range from constipation to inflammation of the heart, hepatitis, HIV from shared needles, and fatal overdose. Court ordered addiction treatment can work when other types of opioid addiction intervention fail.

3. Stimulants

Stimulant addictions that can be deadly include addictions to cocaine, amphetamine, and methamphetamine. These drugs may be snorted, smoked, or injected. Short term effects include increased heart rate and blood pressure, alertness, reduced appetite, and sometimes violent or psychotic behavior. Over time, nasal damage can result from snorting cocaine, and severe dental problems result from methamphetamine abuse. These drugs can also cause cardiovascular events, seizures, and death. Methamphetamine addiction is particularly severe, and legal processes like the Marchman process are sometimes necessary to ensure these addicts get help before it's too late.

4. Club Drugs and Dissociative Drugs

Club drugs include MDMA (Ecstasy), rohypnol, and GHB, while dissociative drugs include ketamine, PCP, and dextromethorphan (DXM). While abuse of these drugs may not act like the "typical" addiction, they can cause serious short term effects that can result in death, and they may be abused by people with other addictions.

5. Prescription Drugs

Prescription drug abuse can be particularly difficult because many people believe that prescription drugs are inherently safe. The most commonly abused prescription drugs include barbiturates like Seconal, benzodiazepines like Ativan and Xanax, and sleep medications like Ambien. Prescription pain relievers can be highly addictive, and people do die from prescription drug addiction. It may be hard for the prescription drug addict to accept that he or she has a problem, but court ordered treatment may be necessary for addicts who refuse to recognize the serious dangers that can result from abusing these drugs.

At Addiction Recovery Legal Services LLC, we help relatives and loved ones of addicts evaluate their options and help them through the Marchman process when that is their best option for helping the addict they love.

Is an Intervention the Answer for Your Loved One?

Most people have seen television programs involving interventions with people who have severe addictions. While interventions can work, they are certainly not guaranteed. Fortunately, you do have options for court ordered alcohol abuse treatment or drug treatment for your loved one with an addiction. At Addiction Recovery Legal Services, LLC, we help people like you get help through the court system for loved ones with severe addictions.

The Ambush Approach Can Backfire

Many interventions take an "ambush" approach, and this can backfire, putting the person with the problem on the defensive, and sometimes making them reject help even more determinedly. Furthermore, in many cases, people within that person's family or circle of friends may be codependent or may enable the addict's behavior. While interventions can be done without the "ambush" approach, there is still no guarantee they'll work.

You Can Work Through the Courts to Help an Addict

Forced drug rehabilitation is a drastic step, but there are situations that warrant it. If an addict is a danger to himself or others, refuses to acknowledge the seriousness of the situation, or is no longer able to make sound personal decisions, you can use the Marchman Act to petition the court to order forced drug rehabilitation.

Help Is Available With Court Procedures

The Marchman Act procedure can be complicated, and if you fail to complete a step in the process properly, you may have to start over from square one, wasting precious time. There are legal firms that are experienced in use of the Marchman Act for ordering drug rehabilitation, and these professionals can help you ensure that you meet all deadlines and complete all necessary steps to help your loved one.

Don't Give Up on Your Loved One

Court ordered alcohol abuse treatment or drug treatment is often the only way to ensure someone gets the care they require to overcome addiction. Addicts often deny that there's a problem, even after an intervention, but the Marchman Act process gives families and friends a way to legally compel their loved one to get treatment. At Addiction Recovery Legal Services, LLC, we can help you with every step of the legal process.

You Have Legal Options for Getting Help for a Loved One with an Addiction

Court ordered addiction treatment sometimes gets through to addicts when nothing else does. Whether a person's drug of choice is alcohol, cocaine, heroin, or some other substance, when other measures fail, a court order to report to rehab can succeed. At Addiction Recovery Legal Services, LLC, our job is to help families and friends get help for loved ones with life-threatening addictions.

Alcohol Addiction Shortens Lives

According to 2010 figures from the Centers for Disease Control (CDC), 15,990 people died from alcoholism-related liver disease that year, and the number of non-accident and non-homicide alcohol related deaths was 25,692. Court ordered alcohol abuse assessment is the first step toward getting someone with severe alcohol addiction the help they need. Even if an intervention has failed, court ordered alcohol abuse assessment can work, because the consequences for not complying include incarceration.

Illicit Drugs Can Cause a Rapid Downward Spiral

If you know someone who is addicted to dangerous illicit substances like meth or heroin, you have seen firsthand the damage addiction can do. Addiction to prescription painkillers can also ruin and even end lives. If you're afraid that your loved one's "rock bottom" is death, then you should learn more about court ordered addiction treatment.

You Can Petition for Court Ordered Assessment

Under the Marchman Act, you can petition a county judge to order your loved one to be professionally assessed, and based on the recommendations after the assessment, the addict may be ordered by the court to attend 60 days of rehab. If the person leaves treatment before it's completed, or doesn't report to treatment, he or she can be jailed. The threat of incarceration prompts many addicts to decide to go to treatment willingly.

Court Ordered Treatment May Save Your Loved One's Life

Deciding to use the Marchman Act to help someone you love isn't easy, but sometimes you have no other choice in order to save their life. You do not have to go through the process alone. At Addiction Recovery Legal Services, LLC, we guide worried family members and friends through the process of getting court ordered treatment for those with severe addictions.

The Affordable Care Act and Substance Abuse Treatment

The Affordable Care Act (ACA) goes into effect in earnest in 2014, but already substance abuse experts are predicting the effects the law may have on those with addictions. Most believe that the overall effect will be positive, since currently only a small fraction of those with addictions receive substance abuse treatment. At Addiction Recovery Legal Services, LLP, we are hopeful that the ACA will result in better addiction care under the Marchman Act.

Integrating Substance Abuse Treatment into Overall Health Care

Under the ACA, drug rehabilitation will become part of primary health care, and more efforts will go toward prevention of substance abuse. Furthermore, addiction treatment will be considered an essential service, requiring health plans to provide it. The hope is that prevention and early intervention will reduce the need for forced drug rehabilitation under the Marchman Act, saving money and ultimately lives.

Focus Should Eventually Shift to Addiction Prevention

Imagine if the only people who were treated for heart disease were those who had already had major heart attacks. Unfortunately, that is analogous to the situation with many addicts. Some receive no help at all until their addiction has destroyed relationships, jobs, and lives. There will most likely always be a need for forced drug rehabilitation in severe addiction cases, but there is hope the ACA will prevent some of these cases.

Forced Drug Treatment Won't Completely Go Away

You may be thinking, "That's great, but my loved one is suffering severely from an addiction right now." At Addiction Recovery Legal Specialists, LLC, we're there for you when intervention under the Marchman Act is necessary to save a loved one's life. Unfortunately, many addictions can't wait until the ACA provisions are running smoothly to get help, but you don't have to wait.

There Are Still Several Months Until the ACA Goes Into Effect

It could be a long time before primary care physicians are routinely caring for those in the early stages of addiction. If your loved one has a severe addiction, he or she can't wait. Forced drug treatment is a drastic step, but it is essential in some cases to save lives, so don't hesitate to call.

Forced Addiction Treatment versus Jail Time

Some people argue that forced drug or alcohol rehabilitation isn't effective because attendees don't want to be there. However, when faced with the choice of jail or rehab, even severely addicted people choose rehab. If your loved one has a serious addiction and won't go to rehab, court ordered treatment may be the answer. At Addiction Recovery Legal Services we help friends and family members get help for their loved ones with addictions.

Alcohol Abuse Presents Chronic Danger

Court ordered alcohol abuse treatment is a drastic step, but alcoholism endangers the alcoholic, his or her family, and even strangers if the alcoholic gets behind the wheel. Chronic alcoholism is life-threatening, even in young alcoholics. Unfortunately, some alcoholics don't accept the seriousness of their situation until they are faced with either jail time or court ordered alcohol abuse treatment.

Cocaine Abuse Ruins Finances and Lives

Court ordered cocaine abuse treatment becomes necessary when a cocaine addict can no longer cope with the tasks of daily living, endangering himself or herself as well as others. Running out of money doesn't stop some cocaine addicts, and sometimes nothing short of forced rehab is effective. Court ordered cocaine abuse treatment is preferable to jail for most cocaine addicts.

The Threat of Incarceration Gets People's Attention

Some addictions are severe enough that losing a job, a marriage, friends, or a home isn't enough to convince the addict to seek professional help. These people can be legally compelled to attend court ordered rehab, and if they don't comply, they can end up in jail. Many addicts suddenly decide that rehab is in their best interests when they discover the alternative is spending time behind bars.

You Don't Have to Shoulder the Burden of Helping Your Loved One Alone

If someone you love is losing their life to addiction, you can work through the courts to have your loved one legally compelled to go to rehab. It isn't easy, and it's a drastic step, but in many cases it is a lifesaving step. At Addiction Recovery Legal Services, we can advise you on every part of the process, so that your loved one can start conquering addiction as soon as possible.

All Hope Is Not Lost for Your Loved One with an Addiction

The destruction caused by addiction harms more than just the addict. Friends, spouses, children, siblings, and parents can see their entire lives fall apart in the wake of an addict's actions. If someone you love is addicted to drugs or alcohol, you may think you've run out of options. At Addiction Recovery Legal Services, LLC, our job is to show you that you still have options, and how to exercise them.

When Addicts Are In Denial

Court ordered addiction rehab sounds like a drastic step, and it is. However, for addicts who are in denial about how their addiction harms them and those who love them, court ordered addiction treatment may be the only way to ensure addicts receive treatment. Just because you have not been able to get your loved one into treatment doesn't mean all hope is lost.

When Interventions Don't Work

Sometimes interventions work, and sometimes they fail spectacularly. If you have tried an intervention with an addict you love and it has failed, it doesn't mean that you have failed. Court ordered addiction rehab is still an option, and sometimes addicts lose their denial and voluntarily enter rehab when faced with court ordered addiction treatment. If they don't voluntarily go, the courts may legally compel them to go or face serious consequences.

You Have Legal Options through the Courts

The Marchman Act allows relatives or friends of addicts to petition the court to force an addict into treatment. Before sending an addict to treatment, a judge will order a short term evaluation and await the recommendations from that evaluation. If the professionals who evaluate the addict believe that court ordered addiction treatment is necessary, a judge can send an addict into treatment for at least 60 days.

The Marchaman Act Imposes Real Consequences

The Marchman Act has "teeth." Addicts who leave treatment early or refuse to enter treatment can be incarcerated. Using the Marchman Act to help an addict is a big step, but sometimes it's the only thing you can do. At Addiction Recovery Legal Services, LLC, we have extensive experience helping families and friends help loved ones get the lifesaving treatment they need.

Health Care Reform Could Affect Marchman Act Cases

According to AP reports, only one cent of every dollar spent on health care in the United States is used for addiction treatment, and only about 10% of Americans struggling with drug or alcohol addiction receive treatment. Health care reform is expected to affect addiction treatment significantly. At Addiction Recovery Legal Services, we can help you understand the process of court-ordered addiction treatment in light of expected changes.

Many More People Could Seek Treatment in 2014

Few health care services will be affected more radically than addiction treatment in 2014 when the Affordable Care Act goes into effect. The current addiction treatment system in the US was built when the understanding of addictions was very different than what medical professionals know today. When the number of insured individuals increases, expect the numbers of people in addiction treatment to increase significantly as a result.

Bed Availability Is Already an Issue in Some Locations

Many treatment facilities remain at or near capacity currently, and one of the snags in the current Marchman Act process for petitioning for court-ordered drug treatment is bed availability when treatment is ordered. At the same time, government budget cuts have led to shrinking treatment facilities, so bed availability issues are expected to worsen as more people are able to seek treatment.

Postponing Helping a Loved One Could Make Things Worse

If someone you love is slowly losing a battle wtih addiction, perhaps it's time to petition the court for forced drug treatment. It's a big step and not to be taken lightly, but waiting can mean the difference between life and death. If nothing else, acting now could help place your loved one on a waiting list before changes in health care laws make those lists even longer.

Do You Need Guidance with Marchman Act Procedures?

If you need help understanding how to use the Marchman Act, working with an attorney experienced in the process can help tremendously. At Addiction Recovery Legal Services, we have been shepherding people through the process for many years and know how to get results under the Marchman Act. If someone you love is crippled by addiction, now may be the best time to act.

Forced Drug Rehabilitation May Be an Option for Your Loved One

When people think of drug addiction, they often think of cocaine, methamphetamine, heroin, or alcohol. However, addiction to prescription painkillers and anti-anxiety drugs accounts for around 40% of drug-related deaths. People tend to think of these drugs as somehow safer since they can be obtained legally, but they can cause addiction and death. At Addiction Recovery Legal Services, we know how to help you get your loved one into court ordered drug rehabilitation, whatever his or her drug of choice.

Deaths from Prescription Drugs

An ordinary person can visit a doctor for a common problem such as back pain and obtain a prescription for painkillers. Addiction can take hold quickly, and mixing painkillers with alcohol can easily be deadly. Accidental overdoses happen on average every 19 minutes in the United States, and are a leading cause of accidental death.

Who Can Petition for Court-Ordered Treatment?

Many addicts are in denial about their addiction or fear withdrawal symptoms, so they rarely commit to rehab on their own. A relative or three non-relatives who each have personal knowledge of a person's addiction can petition the court for forced drug treatment. Court ordered drug rehabilitation begins with the judge's order for stabilization and assessment, followed by 60 days of rehab if deemed necessary.

What Happens if the Patient Leaves Treatment?

When a patient who has been ordered into forced drug treatment leaves treatment early or doesn't go to rehab in the first place, the consequences can be a return to treatment, being taken to treatment by law enforcement, or being placed under arrest. These consequences often make the difference in getting a person into addiction treatment and keeping them there the full 60 days.

What's the Best Way to Ensure a Loved One Gets the Help They Need?

Your county court clerk's office is one place to start if you believe someone you love requires court ordered drug treatment. You may also contact us here at Addiction Recovery Legal Services, and we can speak with you about your options. We have the experience necessary to help addicts in denial get into drug treatment to maximize their chances of regaining physical and mental health.

When Juveniles Need Court Ordered Addiction Treatment

Marchman Act provides a way for the court to order drug treatment for those who refuse addiction treatment, including juveniles. If your child or a juvenile loved one needs addiction treatment but has refused it, you may begin the Marchman Act procedure at your County Clerk's office. Be aware that clerk's office personnel cannot provide legal advice. Addiction Recovery Legal Services is a legal firm with extensive experience guiding petitioners through the Marchman procedure.
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Completing and Serving the Marchman Petition

Once you receive the Marchman package and complete the paperwork, you pay a fee to have the Sheriff's office serve the respondent, who is the juvenile you believe requires court ordered drug treatment. The Sheriff's office will serve the respondent, and the County Clerk provides you with a copy of the petition and notice of the Assessment and Stabilization Hearing.

The Assessment and Stabilization Hearing

At the Assessment and Stabilization Hearing, evidence in the case is heard, and the court General Manager prepares a report and recommendation for an Order or Assessment. This Order of Assessment must be signed by a judge for the case to proceed. If the judge grants the petition, the next step is having the respondent scheduled for assessment at a Juvenile Assessment Receiving Facility.

The Juvenile Assessment Receiving Facility

If your Marchman petition is granted, you may take the respondent to a Juvenile Assessment Receiving Facility (JARF), or you may file paperwork for the Sheriff's office to pick up the respondent and take him or her to a JARF for assessment. A bed in the JARF may not be ready right away. You will need to contact the JARF to find out about first bed availability.

At This Point, Rehabilitation May Be Ordered By the Court

When the respondent is taken to the JARF, he or she is assessed by a physician and other professionals, who determine whether court ordered drug treatment is recommended. If so, arrangements for rehabilitation can be made. At Addiction Recovery Legal Services, we understand the complications of the Marchman process and are available to help you navigate the system on behalf of the juvenile you love who needs help conquering an addiction.

Forced Drug Rehabilitation Takes on Family Destruction Due to Addiction

Drug addiction can ruin families. In many cases addiction is diagnosed along with underlying emotional illnesses such as depression or bipolar disorder. Untreated addiction can lead to divorce, placement of children in state custody, job loss, run-ins with the law, and death in some cases. The Florida Marchman Act provides for court ordered drug treatment when individuals refuse to seek help themselves and are a threat to themselves or others.

When Families Don't Exist or Are Estranged

Sometimes people with severe addictions have no family, or are estranged from family. The Marchman Act has provisions for non-family members to legally compel a loved one into treatment. At Addiction Recovery Legal Services, we know the steps involved for friends who know their loved one requires drug rehabilitation treatment. Court ordered treatment can mean the difference between life and death for some addicts.

Is the Florida Marchman Act the Best Next Step?

Has your family member or loved one refused treatment or left treatment early? Has he or she lost the ability to make rational decisions concerning drug use? Is he or she in danger of self-harm or of harming others? If so, court ordered addiction treatment under the Marchman Act may be the only logical next step.

Why Working With an Attorney Is Preferable

You do not have to retain a lawyer to request a hearing under the Marchman Act, but in most cases you are better off if you do. The addict at the center of the situation is appointed counsel whose job it is to fight forced drug treatment, and without an attorney on your side, your efforts could fail. Additionally, the process can be complex, and one misstep could derail your efforts.

Forced Drug Rehabilitation Could Save Your Loved One's Life

Addiction Recovery Legal Services has extensive experience in Marchman Act cases and can guide you at every step of this stressful process. If you are out of answers and are watching a loved one destroy his or her own life and those of others, court ordered drug treatment may be the only way for that person to get the help they need.

Court Ordered Drug Rehabilitation Is an Option in Florida

According to the National Institute on Drug Abuse, the annual overall cost of drug abuse in the United States is around $600 billion. This includes costs for lost productivity, crime, and health issues. At Addiction Recovery Legal Services our goal is to get addicts into treatment so they can regain their health and productivity. In some cases forced drug treatment is the only option.

When Rehabilitation is Unsuccessful

Some people enter rehab, but don't take it seriously or leave before completing the rehabilitation program. Others successfully complete rehab but then suffer a relapse of their addiction. After rehab fails, some addicts conclude that rehab can never work, but that is not necessarily so. In some cases a different rehabilitation program or a fundamental change in desire to get clean can make all the difference.

When Is Forced Drug Treatment Appropriate?

If a person's life is controlled by addiction, and if that person has lost the ability to make rational decisions due to addiction, he or she may be a candidate for court ordered rehabilitation. In Florida, the Marchman Act provides a way for family members or loved ones to legally compel an addict to get treatment or face incarceration. Sometimes this is the only way to get someone with a severe addiction into treatment.

The Marchman Act and Court Ordered DrugRehabilitation

Under the Marchman Act, you can appeal to the court to order assessment and make a recommendation as to whether forced drug rehabilitation is appropriate for a loved one with a serious addiction. Most people find the process much easier when they work with an attorney experienced in Marchman Act hearings.

You Do Have Somewhere to Turn

Cocaine, heroin, barbiturates, meth, benzodiazepines, and alcohol can cause deadly addictions. At Addiction Recovery Legal Services we are ready to help you make use of the Marchman Act to compel your loved one to get what may be lifesaving addiction treatment. You may feel like you have tried everything and have nowhere to turn, but you may be able to finally get your loved one into treatment with the help of the courts.

When Forced Drug Treatment Is the Only Option Left

If your family member or loved one suffers from addiction, then you know the heartache, pain, and worrying that comes with it. Sometimes the addiction continues to the point that he or she presents self-danger or danger to others. An addict may steal from others, have outbursts of violence or anger, or may experience extreme physical effects from the substance abuse. Thanks to the Marchman Act in the State of Florida, you have the option of appealing to the court for forced drug treatment, or rehabilitation for a severely addicted person.

How Do I Start?

The first step in taking legal action to help your loved one is hiring an experienced, compassionate attorney. With legal help, you can ensure that the court hears your story and case fully, and turns its attention to helping your loved one through detox, rehabilitation, and finally integration back into a normal lifestyle. Hiring an attorney that has experience in the field of forced drug rehabilitation is also very important because these attorneys know how to utilize the system efficiently and advantageously.

What’s an Ex-Parte Petition?

An ex-parte petition is a petition filed in the absence of the addicted person that states that you and your attorney feel this person needs involuntary admission to a detox or treatment facility as soon as possible. If the court grants an ex-parte petition, and determines that forced treatment is appropriate, your loved one will be taken to a detox center as soon as possible. The ex-parte hearing is an important tool when your loved one is in need of immediate care.

How Does My Attorney Help After a Petition Has Been Granted?

Your attorney will work with you until your loved one has finished their course of treatment as directed by the court. Your attorney may help in reviewing and updating the case in court, and if your loved one isn’t responding to treatment at one facility, he or she can help with placement elsewhere. Your attorney will also make sure that your loved one follows all court orders, and can file a new petition with the court if your loved one leaves treatment prematurely.

Some Frequently Asked Questions About the Florida Marchman Act

The Florida Marchman Act is a petition that you can invoke in court in order to send a loved one or family member to court-ordered drug rehabilitation. This petition is used in cases where family or friends believe that their loved one is out of control, or a danger to themselves or others. Sometimes this process is used when a loved one repeatedly leaves rehabilitation against medical advice. The Florida Marchman Act is a tool devised by the state of Florida that can be used by families affected by addiction.

How Do You File a Petition Under the Marchman Act?

The first step in taking legal action to help your loved one get court ordered treatment is talking to an experienced attorney. Your attorney will help navigate the process of filing a petition for court ordered drug rehabilitation. This includes writing the specifics of the petition, filing it with the court, and taking the appropriate action necessary for getting the object of the petition necessary treatment. If your petition is granted by the court, your attorney will help make sure that your loved one complies with the court’s orders, and if necessary, file motions reviewing and updating the case.

Why Should I File a Petition?

The Marchman Act is used when your loved is no longer in control of his or her own actions. When ravaged by the disease of addiction, your loved one may exhibit disturbing behaviors, including acts of violence or theft. Sometimes a petition under the Marchman Act is the only step between your loved one and homelessness, or overdose. Filing a petition with an experienced attorney is the best way to make sure that your family can help this person move past addiction.

I’ve Filed a Petition; Now What?

Unless you have filed an ex-parte petition (where one party is not present or not notified of the hearing), you will attend a hearing where your loved one will state why he or she should not be forced into treatment. If you have filed an ex-parte hearing, the court will decide in his or her absence whether or not detox or rehabilitation should be ordered.

Does Court Ordered Addiction Rehab Work?

There are no guarantees, but often court ordered drug treatment works when all other options fail. That's because a person sent to treatment under the Florida Marchman Act faces the possibility of incarceration if he or she leaves treatment early or does not go to treatment. For some people, the threat of jail is the only thing that gets them to go to rehab.

Can I Get Help Filing a Marchman Act Petition?

You are advised to work with an attorney experienced in Marchman Act cases if at all possible. Not only can such an attorney streamline the process, potentially getting help for your loved one more quickly, an attorney knows what kinds of mistakes individuals tend to make when filing a petition and how to avoid those mistakes.

What if My Loved One Doesn't Complete Court Ordered Addiction Rehab?

If your loved one goes to rehab but leaves before the 60-day program is over, he or she can be arrested and taken to jail or back to rehab. Under the Marchman Act, he or she cannot simply leave treatment and go home. The fact that the Marchman Act imposes serious consequences makes it more likely to work with addicts who are resistant to going into treatment.

I Am Not a Relative. Can I get Addiction Help for My Friend?

Non-relatives may invoke the Marchman Act. Any three people with firsthand knowledge of a person's substance abuse may together file a Marchman Act petition. It is not uncommon for those with severe addictions to have no known family, and that is why the Act makes provisions for non-relatives to make a petition on behalf of a loved one.

What if No Beds Are Available in My County?

If an addict does not have insurance or the money for a private treatment program, the Marchman Act process can be delayed. Government-funded programs often have waiting lists. An attorney with Marchman Act experience can enforce compliance by the addict to the rules of the government-run program while he or she awaits an available bed. Unfortunately, any delay in treatment can adversely affect the chances for success.

Common Questions About Broward Court Ordered Addiction Treatment Program

There are four ways involuntary admission can be ordered under the Broward County Marchman Act Admissions procedures. They are:

           ·          Through being taken into protective custody by law enforcement

           ·          Emergency admission to a facility after admission is certified by a physician

           ·          Involuntary admission of a minor by the guardian of the minor

           ·          Assignment to a court ordered addiction treatment program by a judge

When assessment by a qualified professional in accordance with one of these situations shows admission criteria are met, an involuntary treatment petition can be filed with the court.

Can a Police Officer Take an Addict to Jail Without Arresting Him or Her?

A law enforcement officer can detain an adult for the person's own protection in a jail or other detention facility, though this detention is not considered an arrest, and no record of the detention is made as long as the person has not been charged with a crime. The person in charge of the detention facility has to notify the nearest detox service provider within eight hours and must arrange for transportation of the detainee to the facility. The detainee must be medically evaluated within 72 hours.

How Do I Invoke the Broward County Marchman Act in a Medical Emergency?

If your loved one experiences a life-threatening medical emergency due to overdose, withdrawal or other addiction-related problem, it is first handled as a medical emergency. Once the person is stabilized and can be transferred for the purpose of addiction treatment, the Marchman Act may be invoked if the person refuses treatment. You would file your petition in Broward County Circuit Court.

Filing a Marchman Act Petition Seems Complicated. Is Help Available?

Hiring an attorney with experience in Broward court ordered addiction treatment filings is a good idea. Procedures must be followed exactly, and sometimes the loved ones of an addict, who are generally under tremendous stress due to the situation, make mistakes. A technical mistake can derail the entire Marchman Act process. Hiring an experienced attorney can help streamline the process and ensure that all steps are followed to get your loved one the help that he or she needs.

Employ the Marchman Act When Needed

To see someone you love suffering with an addiction can be one of the most tragic things to endure. You can try to reason with them or schedule an intervention, but sometimes when they are so consumed by their addiction, there is simply no way for them to see that things can change. Luckily, if you want to help, the Marchman Act is available in certain circumstances. This program can change or even save the life of an addict.

What is the Marchman Act?

The Florida Marchman Act is a mechanism that makes way for someone who is suffering from an addiction to be legally forced to participate in rehab.  This rehab is monitored by the court and usually includes long term treatment care. It gives loved ones a way to get the addicted person the help they need, whether they want it or not.

Who Can Enforce the Marchman Act?

If you are the addicts’s spouse or relative you can file to have the Marchman Act put into effect for your loved one.   In addition, if there are three adults that have personal knowledge of the substance abuse, they can come together and file. In the case of a minor, it’s necessary that the minor’s parents or legal guardians is the one to file.

Do You Need Proof?

If you want to force someone into rehab, you must be able to show the courts that the person has lost self-control in relation to their substance abuse. You need to prove that they cannot control their urges and are a danger to themselves and others.  It should be stressed that while it’s important for them to get help, they are unwilling to do so voluntarily. You must demonstrate that they cannot currently make any rational decisions regarding getting treatment for their addictions.

Overcoming an addiction is hard, but it can be done with the right treatment and support.  By employing the Florida Marchman Act, you can make it easier for someone you love to change their life, become a better person and get rid of the addiction that could potentially harm them or others. They may initially be upset or angry with you but they will in time realize you have helped them reclaim their life.

Court Ordered Addiction Rehab Can Change Your Life

Unfortunately, some people become addicted to drugs and alcohol and aren’t able to see the drastic effect these substances have on their life—and the lives of those people around them. Alcohol and drugs can negatively affect the relationships with their family, friends and significant others. It can also ruin their work relationships as well as land them in trouble with the law. When someone’s life is out of control due to addition, they find themselves involved in court ordered addiction rehab.  In many cases, this type of treatment may be the best thing that  happens to addict, because it can allow them get a fresh start and finally overcome their addiction. There are two main types of treatments used, one is administered in a facility and the other is outpatient care.

The 12 Step Program

This program consists of 12 steps that need to be taken by an addict before they are considered to be sufficiently helped to begin their life as a new, non-addicted person. After an addict has completed the program, they are given the tools to continue to attend meetings and work to keep their addiction at bay. This program may work for those addicts who are dealing with involuntary alcohol addiction treatment because they are forced to participate in meetings and talk to others about why they drink and how they can find other outlets instead of alcohol. If used correctly, this type of treatment can be very successful.

Inpatient Care

Another option for care is inpatient treatment. The addict who has been ordered to court ordered addiction rehab will go to a rehab facility for approximately thirty days. It may end up being longer, depending on how severe their case is and how they are after those thirty days. These thirty days revolve around showing the addicted person how they can change their life to not include alcohol or drugs and how to practice abstinence. At times, if necessary, medicine may be administered to help control urges or to detox their bodies.

No matter what type of treatment you choose, making sure to attend your involuntary alcohol addiction treatment and participate fully is imperative to your recovery. Being forced to deal with your problem can be the best thing that’s ever happened to you.

Do You Need Marchman Act Help?

The Marchman Act provides tools for families and friends dealing with a loved one who has substance abuse issues. Under the provisions of the act, friends or family members can take concrete steps to protect an individual who is incapable of making care decisions due to his or her use of alcohol or drugs. The Marchman Act allows concerned individuals to petition the court for an order to compel the individual to enter into court-ordered assessment and treatment of his or her substance abuse issues.

What You Need to Know About the Marchman Act

If you have a family member, friend or loved one who has lost control of his life because of his addiction to drugs or alcohol, you may be able to use the provisions of the Marchman Act to compel him to seek and adhere to treatment. The Marchman Act empowers a judge to impose court-ordered addiction rehab and treatment services under the threat of serious penalties if the individual ordered to attend assessment and rehab services fails to comply with the court order.

Who Can File a Marchman Act Petition?

If the person with the substance abuse problem is a child, the petition for services may be filed by a parent, a legal guardian or a licensed service provider. If the individual is an adult, the following people can petition for court-ordered addiction rehab services: a spouse, a guardian, any relative, a private practitioner, a director of a licensed service provider or designee or any three adults with personal knowledge of the individual’s substance abuse.

What Do I Need for a Marchman Act Petition?

You’ll have to appear in person at the clerk’s office to file an affidavit and petition for assessment and treatment, and will have to present information about the person’s behavior, identification and location. If you need help assembling the information you need and writing an affidavit, there are a number of lawyers and organizations that can provide assistance.

The Marchman Act provides the tool many families need to get help for a family member or loved one who has become a danger to himself and/or the community. You don’t have to stand by helplessly and watch. There are people out there who can help you get the help you need.

Is Court-Ordered Alcohol Addiction Assessment the Right Move?

There are few things more difficult in life than watching a loved one destroy him or herself through alcohol and drug addiction. If you live in Florida, there is something you can do. The Marchman Act provides the means for a family member to compel a substance abuser to get a court-orderedalcohol addiction assessment, the first step on the road to recovery. Is legal intervention the right next move for your loved one? This information about the Florida Marchman Act can help you make a decision.

The Florida Marchman Act

The Marchman Act allows friends or family members of a substance abuser to petition to court to obtain a court-ordered assessment, stabilization and long term treatment for substance abuse. It can help those who have no self-control over their substance abuse, who cannot make rational decisions about their own care and who have because a danger to themselves and others. The Marchman Act provides a tool for parents, brothers, sisters and other family members who can’t stand by and watch loved ones destroy their lives and the lives of those around them. It is the tool of last resort to help those who refuse to voluntarily enter into treatment for substance abuse.

Help with Marchman Act Court Ordered Alcohol Addiction Assessment

Making the decision to seek a court-ordered alcohol/addiction assessment is not an easy thing to do. There is paperwork to file, evidence that must be presented and follow up services to oversee. In Palm Beach County, Marchman Act attorneys can help you make a Marchman Act application and ensure that everything from the initial assessment to final disposition is carried out in full compliance with the law. The right attorneys can help you with every aspect of the Marchman Act compliance, as well as assist your family with finding appropriate and affordable treatment options.

Don’t sit by and watch your loved one slide further down the slope to self-destruction. Contact a Palm Beach County Marchman Act attorney to help you access the tools provided by law. A court-ordered alcohol addiction assessment and treatment for alcoholism and drug addiction can be the first step on the road to recovery.