Marchman Act Florida

Many people that watch loved ones go through substance abuse feel helpless. They may see the damage that is caused in their lives, and possibly the person is committing physical harm to themselves or to others. The big step comes when a loved one confronts the addicted person about getting help for their problem. Sometimes the talk or intervention will bring the person to their senses and they will voluntarily enter treatment for the substance abuse.

But the feelings of devastation come right back when the confronted individual refuses to seek treatment. It is at these times that families can be thankful for something called the Marchman Act. While it is present in a number of states in some form or another, Florida is said to have the most progressive process.

Involuntary Drug Treatment

The Marchman Act Florida is a law that allows family members, law enforcement, and others to provide immediate assessment and treatment for loved ones that caught up in substance abuse and that refuse treatment. In order to set the Marchman Act in motion, a family member, private practitioner, law enforcement officer, or any three adults that believe the person needs help can file a petition with the Mental Health Division of the local courthouse. In order to be forcibly brought into these proceedings, the individual must have lost control because of substance abuse and either has or will likely inflict harm on themselves or others, isn’t able to see treatment is necessary, or has refused voluntary care. At this time, the subject would be taken and held for up to five days. They have no choice and are not able to refuse this care. During this time the person is assessed and stabilized, and a treatment plan is recommended. A judge will then determine the length and kind of treatment that is ordered, based on that recommendation. If the person resists or leaves treatment, there are consequences, but the goal in all of this is to provide care for someone that otherwise would not enter treatment on their own.

Civil Court

The Marchman Act is a confidential process and it takes place in the civil courts. Therefore, implementing the Marchman Act upon someone will not result in the drug abuse or possession going on their criminal record. The goal is to provide treatment, not punishment.

Many families have found help in the Marchman Act. These families may have had no other place to turn, and because of this Act, they were able to get help for their loved one. There is usually no fee to initiate the Marchman Act, but cost of treatment applies. Many families find it useful to hire a lawyer to help them through the process. While the process may still be difficult at times, many loved ones have achieved their desired goal of getting help and protection for someone they care about that has succumbed to substance abuse.

Sources

http://www.treatmentsolutionsnetwork.com/marchman-act.html

http://www.clerk.co.okeechobee.fl.us/Marchman_act.htm

http://www.dcf.state.fl.us/mentalhealth/marchman/index.shtml

http://www.marchmanactblog.com/2009/07/family-guide-to-florida-marchman-act.html