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.