The Marchman Act provides a legal path for both voluntary and involuntary assessment and treatment of individuals struggling with substance abuse. This law is more formally referred to as the Hal S. Marchman Alcohol and Other Drug Services Act of 1993. This measure aims to assist individuals who are unable to seek help independently due to a physical or mental impairment.
Key Provisions of the Marchman Act
The Marchman Act outlines specific procedures for addressing substance abuse issues:
Voluntary Admission
Individuals can seek assistance willingly if they recognize their substance abuse problem.
Involuntary Admission
The Act permits the involuntary assessment and treatment of individuals under certain conditions. Ensuring that those unable to make rational decisions for themselves regarding their substance use receive necessary care.
Criteria for Involuntary Admission
To initiate involuntary assessment and treatment under the Marchman Act, specific criteria must be met:
Loss of Self-Control
The individual has lost the power of self-control concerning substance use.
Risk of Harm or Impaired Judgment
The person has either inflicted, attempted, or threatened to inflict physical harm on themselves or others, or is incapable of making rational decisions regarding their need for substance abuse services due to impaired judgment.
Initiating the Process
The process for involuntary treatment involves several steps:
- Filing a Petition: A spouse, relative, guardian, or any three adults with knowledge of the individual’s substance abuse may submit a sworn affidavit to the local county court.
- Court Hearing: The court reviews the petition to determine if the situation meets the criteria for involuntary assessment.
- Assessment and Stabilization: Pending approval, the individual may experience up to five days of medical stabilization and evaluation.
- Treatment Petition: Based on the assessment, a petition for involuntary treatment can be filed, potentially leading to a court-ordered treatment period of up to 60 days.
Confidentiality and Legal Considerations
As of July 1, 2017, all petitions and related court records under the Marchman Act are confidential. Confidentiality ensures the privacy of the individuals involved.
Seeking Help Via the Marchman Act
This law serves as a vital tool in Florida for addressing severe substance abuse cases, balancing individual rights with the necessity of treatment. Understanding its provisions can be crucial for families and friends seeking to help loved ones. The recovery journey is difficult, and it’s devastating to watch someone you care about struggle. Understanding the Marchman Act can help you assist your loved one, but it is one part of the multifaceted recovery process. Learn more about substance abuse, the treatments and programs we provide, and what you need to know about our admissions process.