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.