Drug and alcohol addiction can have a profound, negative impact on every part of a person’s life. Substance abuse can damage a person’s mental and physical health. It can strain relationships, rob people of memories, and keep people from functioning on a daily basis.
Living with an untreated addiction can lead to life-altering social, legal, and medical consequences. Addiction is a complex condition that requires thoughtful, holistic treatment for a person’s body, mind, and community.
Loving someone with substance abuse or addiction can be devastating. Watching someone you care about face the life-threatening consequences of drug and alcohol abuse is incredibly challenging. Most people in this position want to help their loved one overcome addiction.
However, many people living with addiction do not get the help they need to recover. There are often many barriers between people with a substance use disorder and the treatment they need.
Florida’s Marchman Act allows people to petition for involuntary commitment to help addicted loved ones. This article will explore using the Marchman Act. You will learn:
- What the Marchman Act is
- How the law works
- How to determine when to use the Marchman Act
- The process of using the Marchman Act to petition for involuntary rehab treatment
If you or someone you love struggles with substance abuse or addiction, you have treatment options in Florida. Reach out to the specialists at Ascend Recovery to learn more about court-ordered treatment or explore your treatment options.
What is the Marchman Act?
The State of Florida passed a law called the Marchman Act of 1993 (also known as the Other Drug Services Act).[1] This innovative law provides a route for friends or family members to petition a loved one for involuntary substance abuse treatment, effectively allowing loved ones to force someone to go to rehab in the state of Florida.
The Marchman Act is designed to help people struggling with addiction receive treatment in a recovery center when they cannot make rational decisions about their health and well-being. It encourages people with addiction to seek treatment voluntarily. However, it allows others to petition the courts to provide involuntary treatment when necessary.
Under the Florida Marchman Act, concerned loved ones must go through a thorough process to file a petition for involuntary rehab. The process of filing a petition is lengthy to ensure that the state does not involuntarily commit people to rehab who do not require this intervention.
In involuntary treatment cases, law enforcement officers may take an addicted person into custody and transport them to a Florida intervention treatment center against their will. After admission into treatment, people receive detox, mental health care, and stabilization treatment.
Using the Marchman Act: An Overview
People may only file a petition to commit someone to alcohol and other drug treatment under special circumstances. The Marchman Act consists of strict guidelines and criteria that limit its use.
Law enforcement officers may file a Marchman Act petition if they encounter an intoxicated, disruptive person during their official duties. Or, a parent, spouse, or other family member may petition the courts to commit a loved one with drug and alcohol addiction involuntarily.
The Marchman Act requires petitioners to prove that the addicted person is unable to understand the severity of their substance use. They must prove that the person is a risk to themselves or others because of their substance use and that they require supervised treatment.
People may also enact the Marchman Act by collecting statements from three adults who know the addicted person. The three adults can file a joint petition asking a judge to approve involuntary commitment for treatment.
People may not file for involuntary commitment simply because someone abuses drugs or alcohol. The Marchman Act requires petitioners to prove that the person is a risk to themselves or others because of their substance use.
How Can I Use the Marchman Act?
Treatment is more likely to be effective when someone chooses to get help. Many addiction and mental health specialists advise people to attempt to convince their loved ones to seek treatment on their own.
However, if your loved one has refused to seek treatment, you may be eligible to file for involuntary commitment under the Marchman Act.
Here is an overview of the process of filing a Marchman Act petition.[2]
- Contact local treatment centers to find a rehab facility with an immediate opening.
- Obtain the correct paperwork from your county clerk’s office.
- Provide the necessary information, including:
- A full description of the person
- Where the person is likely to be located
- The name and location of the rehab facility that will accept your loved one
- The date the rehab center can accept your loved one
- A list of current medications your loved one takes
- A medical or mental history, including conditions requiring care during rehab
- Wait for the hearing, which will occur within ten days of filing the petition.
- If a judge approves the petition, law enforcement officers will find your loved one and bring them to a local Florida rehab facility.
Get Help Now
The Marchman Act is a valuable tool for helping addicted people. However, you don’t always have to take such drastic measures to get a loved one into rehab. Sometimes, all it takes is to get your love done on the phone with an addictions specialist. At Ascend Recovery Center, our team is available 24 hours a day to help. Contact us now to learn more about this law or your treatment options.
References:
- Florida Department of Children and Families (DCF): Marchman Act
- Ninth Circuit Court: The Marchman Act Process