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What Is The History Of The Marchman Act?
Prior to October 1, 1993 substance abuse was addressed by chapters 396 and 397. Chapter 396 was primarily concerned with alcoholism while chapter 397, was more concerned with drug dependency. As of October 1st, 1993, the new chapter 397, called...
What Can The Marchman Act Accomplish?
The Florida Marchman Act, if implemented correctly, can allow anyone to obtain court orders via the Marchman Act compelling a substance-impaired individual to obtain an assessment, stabilization (detox), and long term treatment. It is not always clear when a loved...
Who Can File The Marchman Act?
The Petition must be filed in the County where the respondent is physically located. Residency is NOT a requirement. If the person upon whose behalf the petition is being filed is an adult, a petition for involuntary assessment and stabilization...
What Are Some Of The Possible Timing Factors?
It should be noted that the Marchman Act relies heavily on many external factors that can hinder the speed and probability of success for the average petitioner not represented by an attorney (pro se petitioner). While a petitioner may want...
What Are The Time Frames For The Marchman Act?
Within ten (10) days of filing an Assessment and Stabilization Marchman Act petition, a hearing must be held or a decision is made ex-parte by the court based solely on the contents of the filled assessment and stabilization petition itself....
Assessment And Stabilization
The Petition and Request for Assessment and Stabilization, as well as other forms, can be found in the DCF Marchman Act Handbook. Also, the clerk of the court in the county where the petitioner seeks to file typically has the...
Involuntary Services
For almost all cases, the Petition and Request for Assessment and Stabilization is followed by the filing of a Services Petition. This is because the Petition and Request for Assessment and Stabilization is not enough to see long term results...
Level Of Care And Extension Of Services Order
The treatment professionals recommend the level of care for the respondent during the assessment. The clinicians may increase or decrease the level of care at any time. Often, a respondent, based on their participation (or, lack thereof) may start at...