The Marchman Act, a nickname for “HaI S. Marchman Alcohol and other drug service act of 1993”, is a Florida statute that prioritizes a means of voluntary and involuntary intervention for assessment, stabilizing, and treatment of persons alleged to abuse alcohol or drugs.
When a member of your family or friend becomes an addict to alcohol or opiates, the situation will always get out of hand for family or friends to manage it independently.
However, Florida provides a court system that gives a voluntary or involuntary assessment and stabilization of alleged persons abusing alcohol or other drugs. The system also includes treatment for the abuse.
But how can you utilize the marchman act? What do you need for the process? Below is an overview of how the Marchman Act works.
Marchman Act Guidelines
The Act is meant to help persons with desperate needs but will not accept substance abuse treatment. A physician, therapist, spouse, guardian, law enforcer, three concerned unrelated persons, or relatives who witness the uncontrollable drug or alcohol abuse can file a petition.
The Florida court system will require the petition filed with the office of county clerk courts to have substance abusers evaluated.
The next step is hiring a lawyer to represent you; it is a routine procedure when dealing with courts. A lawyer can also help you in filling and as well represent you in a court hearing.
The next step is hiring an intervention counselor whose career specializes in the entire Marchman Act procedure. A counselor will guide you through the filing petition and setting up a treatment procedure to ensure your care for substance abusers is fully implemented.
Despite the fundamental rights to privacy and personal freedom, the Marchman Act provides legal protection and formal representation to those who fall victim to this manner of intervention.
The petitioner must meet several criteria to apply the marchman act to substance abusers. They include:
- The respondent (impaired person) must be a threat to themselves or others
- The respondent must be damaged as a result of substance abuse
- The respondent must lack the willingness or appreciation of the benefits of treatment
- The addicted respondent must be ignorant
Right for Respondent or Petitioner
Having the substance abuser placed in an involuntary treatment program denies him some rights and freedom. Note that the court will take temporary control over the person’s life. The respondent might be in a stay or report for treatment as per the court decision.
If the respondent defies or leaves treatment before its end, the court will summon them back. Any further non-compliance may result in contempt of court charges. The respondent and petitioner have no say in how long the treatment should take or the treatment facility to go.
The court is the only party that has access to patient progress reports without patient consent or authorization. After full recovery, successful completion of treatment, and the capacity of respondents to take care of themselves, they are free from the grips of the Marchman Act.
Now with the above knowledge, you can go ahead and file a petition to help your loved one or friend who desperately needs the Marchman act. Choose an attorney who will let you and your loved one get help, support, and a guide throughout the recovery period.