The Marchman Act formally called the Hal S. Marchman Alcohol and Other Drug Services Act of 1993, combined two separate laws dealing with the prevention and treatment of addiction. By combining the early 70’s chapters, the Florida Legislature helped families, law enforcement, and local communities. It provides the means to voluntarily or involuntarily commit those struggling with a substance use disorder (SUD).
What does the Marchman Act mean?
It actively encourages people with substance use issues to get treatment voluntarily. However, a central provision of the law provides a way to have a person with a substance use disorder involuntarily committed to treatment facilities for evaluation, stabilization, and treatment under particular circumstances.
What the Marchman Act means, for example, is that a law enforcement officer may choose to use it if a person, in their opinion, is under the influence of substances in a public place or their behavior has attracted the officer’s attention. Additionally, a person’s guardian, spouse, or other relative can petition the court to have a person involuntarily committed if the petitioners determine that they are likely to harm themselves or not understand their substance use is harmful.
The Florida Act is also allowed when three adults who know of a person’s substance abuse use petitions a judge for involuntary commitment for treatment. However, the petitioners must convince the judge that the person cannot make rational decisions regarding substance use and the need for treatment and is at risk of harming themselves or others.
What does the Marchman Act mean? Ideally, you will be able to convince your loved ones to commit themselves voluntarily. If the facility determines that they need treatment, they will agree to voluntary admission, and no petition will be necessary. But if your loved one refuses treatment assessment, you have the option to exercise the Marchman Act to commit them involuntarily.
One of the first steps in enacting the Marchman Act is to contact a treatment facility, ensuring bed availability. The clerk’s office in your county typically has links that provide the necessary forms.
A hearing takes place within ten days of filing the petition. If the judge agrees to the petition, law enforcement will serve the person with a Marchman Act order and try to get them to go to the treatment facility. If the person refuses to go voluntarily, law enforcement will take them against their will.
As with all laws, there are advantages and disadvantages to the Marchman Act.
Advantages of the Marchman Act
The advantages of the Marchman Act are as follows:
• In some instances, you may have no other choice
• It is helpful for either clinical or financial reasons, even if you don’t qualify for an intervention
• It can be used as a threat during an intervention if the person will not admit voluntarily
• Depending on the county, it gives a respondent priority for State-Funded Treatment when the individual doesn’t have health insurance and/or the family doesn’t have the means to pay
• It takes the burden from the family and places it between the loved one and the law
Disadvantages of the Marchman Act
The disadvantages of the Act are as follows:
• It can take up to ten days to complete the process
• The respondent can get a public defender whose goal is to dismiss the case
• You must consider hiring representation to argue your side and defend the family
• You must have a valid address where the person can be served
• The family member (respondent) often feels victimized and institutionalized, which is not conducive for receiving help at the point of service. This feeling often causes difficulty for the treatment team’s effectiveness
• It does not guarantee the placement of that person in a lockdown unit. It’s simply a court order to submit to treatment at a voluntary program reportable to the court system.
• If the person leaves the county where the order was filed, it is not enforceable
• There could be criminal charges filed if the respondent possesses drugs
• The court may not order the level of care that is clinically appropriate
• If the location of the treatment program is outside the county where the order is filed, the judge may not grant permission to take the respondent to that program because due process cannot be followed outside the county
It is essential to know that each county handles the Marchman Act process differently resulting in unpredictable outcomes. Therefore, many suggest using a specialized attorney familiar with your county’s Marchman Act process.
