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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 Petition for Involuntary Treatment, a hearing must be held. If an emergency condition exists and is asserted in the petition, a decision is made ex-parte (without hearing) by the court based solely on...
Assessment, Stabilization and Treatment
The new Petition for Involuntary Treatment in compliance with the latest changes in the law effective July 1st 2024, as well as other forms, can be found at wwwmarchmanactforms.com. Also, the clerk of the court in the county where the...
Involuntary Services
An Involuntary Services Petition seeks the respondent ordered to comply with long term treatment recommendations for up to 90 days. The court is generally not concerned with the level of care or the location of treatment. The courts concern is...
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...