Drug and alcohol addiction can impact every part of a person’s life. Substance abuse can harm a person’s physical health, emotional well-being, relationships, and more. It can put people at risk of injuries, job loss, and severe health problems. Substance abuse can also quickly spiral into a life-threatening addiction.
If someone in your life struggles with substance abuse or addiction, it can be hard to know what to do. In some cases, it may be appropriate to use the Marchman Act to help your loved one.
This article will explore the Florida Marchman Act and how to use it. You will learn:
- What the Marchman Act is
- When it is appropriate to use the Marchman Act
- Steps you can take to use the Marchman Act
- Where to find support, resources, and addiction treatment programs
If you or someone you love needs treatment for addiction, you are not alone. Contact the Agape Behavioral specialists to learn about our programs or to schedule an intake appointment.
What is the Marchman Act?
The State of Florida passed a law called The Marchman Act (sometimes called the Other Drug Services Act) in 1993. This law can help people receive substance abuse treatment when they are unable to make rational decisions about their health.
The Marchman Act encourages people to seek treatment on their own. However, if people cannot make sound decisions, loved ones may file a petition for involuntary treatment.
The Marchman Act is similar in some ways to the Baker Act in Florida. The Baker Act allows people to file for involuntary commitment of a loved one struggling with mental illness. The Marchman Act focuses on people who struggle with substance abuse impairment and require immediate treatment.
The process of filing for the Marchman Act can be complex. The law requires loved ones to provide proof that their loved one has lost the power of self-control with respect to substance abuse. The process of filing can be lengthy, but it can be an effective tool for helping someone with a severe addiction.
How Does the Florida Marchman Act Work?
People may only file for involuntary treatment under the Marchman Act in specific situations. First, people must meet the criteria for involuntary assessment and treatment. This means:
- The person cannot understand the damage their substance abuse is causing
- The person is likely to inflict physical harm on themselves or others
- The person requires immediate substance abuse treatment but is unable to make rational decisions regarding their need for care
Only certain people can file a Marchman Act petition. These include:
- A law enforcement officer
- The person’s guardian
- The person’s spouse
- A licensed mental health provider
- A person’s family member
- Three adults with direct, personal knowledge of a person’s substance abuse-related impairment
Generally, people should only use the Marchman Act if other measures have failed. It is essential to attempt to convince someone to seek treatment on their own. However, if this fails, the Marchman Act is a tool people can use to help their addicted loved one.
Agape Behavioral Center accepts many private insurance plans
How Can I Use the Marchman Act?
The first step in filing a Marchman Act petition is determining whether the person requires treatment and cannot make rational decisions about their care. Prolonged or heavy substance use alone is not enough to file for involuntary treatment. You must also be able to provide evidence that the person is likely to harm themself or others without getting immediate treatment.
Once you have determined that an addicted person meets the Marchman Act criteria, you must find a local treatment facility that can accept the person immediately. Then, you may begin the application process.
First, you must file a petition for involuntary assessment and treatment. You can obtain the necessary paperwork at your county clerk’s office. These forms will require information about the person, including:
- Where law enforcement can find the person
- A complete physical description of the person
- The name and location of the treatment center that will accept the person, along with the date and time they will have availability to accept them
- A current list of all medications the person takes
- Any medical or mental health conditions that will require treatment during rehab
A judge will hold a hearing within ten days of filing the petition. If the judge approves the petition for involuntary assessment and stabilization, law enforcement officers will locate the addicted person.
Law enforcement will encourage the person to seek treatment voluntarily. If the person refuses, law enforcement will take them to the treatment facility against their will.
Learn More Now
The Florida Marchman Act is a tool people can use to help someone struggling with addiction. Learn more about how to file a Marchman Act petition or find comprehensive treatment programs by contacting the Agape Behavioral Health specialists.
Reach out to our intake team to learn more about our programs, check availability, or schedule an intake appointment.
