Addiction affects thousands of Floridians, whether with alcohol or other drugs. More often than not, individuals are unaware of the effects or severity of their addiction and actions. For this reason, many may be in denial and believe they do not have a problem. Oftentimes, a marchman act is required and therefore a marchman act drug rehab to facilitate the treatment.
Addiction is a social disease and affects everyone around the individual addicted. Families often try to help their loved-one to no avail. The user often denies and becomes angry and distant leaving any chance for help further away. The confusion and uncertainty left on families can be devastating. Fortunately, there is a last resort option for families: The Marchman Act.
This act allows families to file a petition with the clerk of courts to court order the individual into a substance abuse treatment program. When families have tried talking to their loved one, established interventions, family therapy programs, and nothing seems to work the marchman act can be an alternative to save their life.
The Florida Marchman Act is a civil procedure that allows the friends or family of a substance abuser to confidentially petition the court to obtain court-ordered assessment, stabilization and long-term treatment.
Substances can include alcohol, prescription drugs (hydrocodone, (e.g. Vicodin), roxicodone, oxycodone (OxyContin), opiates (heroin, fentanyl), stimulants (cocaine, methamphetamines, and party drugs like MDMA, Ecstasy, and ketamine.
How Does the Florida Marchman Act Work?
Getting Help
To begin the process you will need to begin a petition with the county clerk of courts. Click here for the Tampa, Fl clerk of courts. The least expensive option for filing would be to acquire a packet from the clerk’s office and fill it out yourself. However, filling it out incorrectly could delay the petition and cost precious time. If you do decide to fill out the petition yourself, make sure you understand it and take your time.
Another option would be to hire a lawyer to help you out with the process. A lawyer will be able to help you file the petition and represent you at the hearing. However, lawyers do not involve themselves with the treatment processes of the patient.
The last option would be to hire an interventionist (intervention counselor) experienced with handling these specific situations. An intervention counselor can file a petition, as well as guide you through setting up a treatment plan to ensure that your loved one receives the care that is needed. We always advise that people attempt an intervention meeting before filing for a Marchman Act. Reason being is that for one, voluntary admissions tend to be more successful; which is why a court-ordered treatment is a last resort. Secondly, if this intervention does not work out, the counselor can help assist you through the marchman act process following the confrontation.
Here at Coalition Recovery, we work with a variety of licensed interventionists to help navigate you through these areas. For more questions on interventions, call 888.707.2873.
How To File
The initial step is a petition for involuntary evaluation and stabilization under Fla. Statute 397. It should be determined by a certified addiction expert that the participant has clearly lost control over their drug or alcohol usage and can not appreciate the gravity of their addiction. It should likewise be evidenced that the participant:
- An Individual has impaired judgment, so much that he/she is incapable of appreciating his/her need for care and of making a logical decision concerning the need for care
- The person has lost the power of self-control with respect to drug abuse
- The individual has declined to submit to a voluntary assessment
- Has currently caused (or is most likely to cause) physical damage on him/herself or others unless admitted
If the addiction expert thinks the patient meets the above criteria, then the next step would be a petition for involuntary treatment, likewise under Fla statute 397. The basic amount of time-ordered for treatment is 90 days. (Historically 60 days, however, it increased to 90 days effective July 1, 2016).
The judge will normally accept the addiction expert who evaluated the respondent, and the assessment does not always advise residential treatment. Sometimes intensive outpatient (or simply outpatient) therapy is recommended. If treatment is ordered at a county facility, there can be a waiting period of a few days up to 10 days for the assessment. Our personnel are certified addictions professionals, who can perform the assessments, as well as help with the Marchman Act hearings. Additionally, loved-ones can submit an emergency order without a hearing being held.
Marchman Act Process
How does the Marchman Act really work? After you submit the petition and approved by the court, a hearing will be held within 10 days. The petitioner receives notice of the hearing by mail and the patient is subpoenaed by the sheriff. From there the court can order for involuntary assessment at a drug rehab facility for as much as five days to examine and stabilize the client. A 2nd petition might be submitted when the preliminary written assessment is examined by the court to order involuntary treatment for as much as 90 days.
Requirements and Details for the Florida Marchman Act
As of July, 2016, a petition may be filled out by anyone who has first-hand knowledge of the person’s substance abuse.
There is no charge for filing the petition with the court. A service fee payable to the Sheriff’s department is needed and should be paid by the petitioner if the petition is given. Costs for the examination and any court-ordered treatment may be submitted to the client’s insurance company or paid by the client or family. For costs not covered by insurance, some treatment facilities will work with clients on a sliding fee schedule based on earnings and other aspects.
If the family or individual does not have the means to cover treatment, government funded facilities will be advised. However, these facilities often have a waitlist as they can be overbooked due to high demand.
For immediate entry into a facility, Coalition Recovery offers the most affordable private treatment in the area. We accomplish this by focusing only on medical therapies proven to work as opposed to other “holistic” therapies that can add to the costs of treatment.
How Can The Petition Be Denied?
- Not enough local resources to provide treatment
- Respondent may not have met the necessary criteria for involuntary treatment
- Not enough effort prior to attempt voluntary admission
- Neither respondent nor petitioner have the resources to pay for treatment
There can be a variety of loopholes regarding the Marchman Act. For this reason, it is strongly advised to talk to a treatment facility, lawyer, or counselor prior to submitting a petition to understand the probability that it will be approved.
What Happens After the 90 Days?
Following the court ordered treatment of 90 days, another motion can be made to extend the treatment. This decision will be based on the recommendation by the treatment facility.
What Happens if They Leave?
If the individual leaves the facility against medical advice, the authorities will be called and the participant will be picked up and brought back to stated rehab. The participant can also be held in contempt of court for leaving the center or for failing to remain abstinent from alcohol/drugs. In these cases, a guideline to show cause will be filed by us and after that ruled upon by the judge.
Marchman Act Drug Rehab Through Court Order
Coalition Recovery is a licensed facility that can help individuals who have obtained a Marchman Act. It might be hard to find a Marchman Act Drug Rehab as not all facilities will accept these individuals or are licensed with the state to handle these specific cases.
Here at Coalition Recovery, we work with these individual’s to help them understand their actions and help them lift the vail to the true effects of their actions.
With therapies like Cognitive Behavioral Therapy, we can not only help improve these individual’s lives with addiction recovery but help them learn better ways to make decisions and learn accountability through Moral Recognition Therapy.
The process of the Marchman Act might sound harsh, but if it is a last resort it could help save your loved ones life. After their 90 days, we often see these individuals thanking their family for the tough love.
If you have any questions or concerns about the process, how to handle it, or how to talk with your loved one; Coalition Recovery has admission specialists standing by 24 hours a day, experienced in handling these situations to help you navigate these uncharted waters.
Call Today 888.707.2873.
