The Florida Marchman Act: A Lifeline for Families Battling Addiction
Introduction
If a professionally run intervention doesn’t result in the alcoholic agreeing to go to a rehab facility, some states have involuntary commitment statutes that force them to get an assessment and may result in involuntary commitment via a judge’s order. It is a last chance effort for someone dangerously close to dying from their substance abuse or risk hurting someone else.
The most well-known of all the state’s programs is the Marchman Act in Florida. There are currently 38 other jurisdiction that have similar statutes and the list is growing.
Navigating the turbulent waters of addiction can be overwhelming for families. When a loved one is struggling with substance abuse and refuses help, it can feel like there are no options left. Enter the Florida Marchman Act – a legal intervention that might be the lifeline families need.
What is the Florida Marchman Act?
The Florida Marchman Act, officially known as the “Hal S. Marchman Alcohol and Other Drug Services Act of 1993,” is a Florida state law that provides a legal means to provide confidential emergency assistance and temporary detention for individuals impaired by substance abuse. This law allows family members, friends, or even law enforcement officers to petition the court to order an individual into involuntary assessment, stabilization, and treatment. You can read the full text of the statute here (Marchman Act) .
The requirements for involuntary admissions are:
- Has lost the power of self-control with respect to substance abuse; and
- his or her judgment has been so impaired that he or she is incapable of appreciating his or her need for such services and of making a rational decision in that regard, although; or
- Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; …. there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.
➡️ mere refusal to receive such services does not constitute evidence of lack of judgment with respect to his or her need for such services
A Brief History
The Marchman Act was named after Hal S. Marchman, a Daytona Beach minister and a dedicated advocate for people struggling with addiction. The act was enacted in 1993 to address the growing need for a legal framework that would allow families and authorities to intervene in cases where individuals were unable or unwilling to seek help voluntarily.
A substance use disorder (SUD) occurs when a person’s use of drugs and or alcohol leads to health issues or problems in their professional or home life. Many people suffering with SUDs are unable or unwilling to stop using drugs without help. In some cases, a person with a SUD will deny that they have a problem with drugs or alcohol, even if it seems obvious to others.
Who Can Petition for the Marchman Act?
One of the key features of the Marchman Act is that it allows a wide range of individuals to initiate the process. This includes:
- Family members
- Spouses
- Legal guardians
- Friends
- Physicians
- Law enforcement officers
Neither the filing party nor the impaired individual needs to be a Florida resident.
No professional license is required to file a petition, making it accessible for those who are most concerned about the individual’s well-being.
As mentioned, other states have similar statutes to help the person suffering from substance use disorder and those other state’s statutes may differ in substantial ways. See the list to learn more.
The Process
1. Filing the Petition
The process begins with filing a petition (confidential) at the county courthouse. The petitioner must provide evidence that the individual is impaired by substance abuse and that they have lost self-control, posing a danger to themselves or others. This might sound daunting, but courts often provide guidance to help families through this process.
2. The Hearing
After the petition is filed, a hearing is scheduled, usually within 10 days. During this hearing, the judge or magistrate will review the evidence and decide whether to order the individual into involuntary assessment and stabilization.
3. Assessment and Stabilization
If the judge grants the petition, the individual is taken to a licensed facility for assessment and stabilization, which can last up to five days. During this time, they are evaluated by qualified, licensed professionals who determine the severity of the addiction and recommend a treatment plan.
4. Treatment
Based on the assessment, the court can order the individual to undergo treatment for up to 90 days. This treatment can be extended if necessary, but requires additional court approval.
House Bill 7021 – July 1, 2024
As of July 1, 2024, Governor DeSantis signed HB 7021 which streamlines the process and provided $50 million in funding allocated to the Department of Children & Families to support the implementation of the new process.
Interagency Collaboration
Under the new legislation, the interagency collaboration includes several key agencies:
- Department of Children and Families (DCF)
- Florida Association of Managing Entities
- Florida Behavioral Health Association
- Law enforcement agencies
- Healthcare providers
- Judicial system
These agencies are now working more closely to ensure a streamlined process for involuntary treatment, better data collection, and improved outcomes for individuals requiring involuntary services.
Cost
The costs associated with the Marchman Act can vary. Filing fees for the petition are generally low, but the primary costs come from the treatment itself. If the individual has insurance, it may cover some or all of the expenses. However, if insurance is not available, families may need to bear the cost, which can be significant. It’s crucial to explore all available options, including state-funded programs.
Effectiveness of the Marchman Act
Studies have shown that involuntary treatment can be as effective as voluntary treatment, especially in the early stages of recovery. However, the individual’s long-term success often depends on their willingness to engage with the treatment process and make lifestyle changes.
One study published in the “Journal of Substance Abuse Treatment” found that individuals who underwent involuntary treatment under the Marchman Act showed significant reductions in substance use and improvements in overall functioning. However, the study also highlighted the importance of continued support and follow-up care to maintain these gains.
Case Study: A Family’s Journey
Let’s look at the story of John and his family. John was a successful lawyer, but his life took a downward spiral due to alcohol abuse. His family tried everything – threatening divorce, cutting off financial support, therapy, even a professionally run intervention – but nothing seemed to work. Desperate and fearing for his life, they turned to the Marchman Act.
The interventionist assisted in getting an attorney specializing in Marchman Act and Baker Act cases who made sure all the procedures were proper.
After filing the petition and going through the legal process, John was ordered into treatment. Initially resistant, he eventually began to engage with the therapy and support offered. Today, John is not only sober but has also become an advocate for others facing similar struggles. His family’s determination and the legal framework provided by the Marchman Act saved his life. It is always a long journey recovering from years of addiction and it starts with surrendering on day one to try something different.
The Role of Professional Interventionists and Attorneys
Navigating the Marchman Act process can be complex and emotionally taxing. This is where professional interventionists and attorneys who specialize in this area of law can be incredibly beneficial. A professional interventionist can help families organize and execute a well-planned intervention, increasing the chances of the individual accepting help. An attorney with experience in Marchman Act cases can guide families through the legal process, ensuring that all paperwork is correctly filed and that the family’s case is effectively presented in court.
In John’s case, the interventionist lead the family in presenting John with his options. He went voluntarily without the need for law enforcement.
Is the Marchman Act right for your situation?
Positives:
- Accessibility: The act allows for involuntary assessment and stabilization if a person is unable to make rational decisions about their need for care due to substance abuse. Allows various individuals to file a petition without needing a professional license.
- Immediate Intervention: It provides a legal means to intervene quickly, potentially saving your loved one’s life, preventing potential overdose or severe health deterioration.
- Comprehensive: Includes provisions for both assessment and treatment, ensuring that individuals receive a full spectrum of care from stabilization to long-term treatment. This holistic approach increases the likelihood of successful recovery, as it addresses both the immediate and ongoing needs of the individual
- Legal Authority & Structured Process: The act outlines a clear process for assessment, stabilization, and treatment. Enables the involvement of healthcare professionals and legal authorities to ensure that the individual receives the best possible care.
Potential Negatives:
- Emotional Strain: Can be emotionally taxing for families. It often involves making difficult decisions about a loved one’s care and navigating legal proceedings, which can cause significant stress and guilt.
- Cost: Treatment can be expensive, and not all insurance plans cover it.
- Resistance: Individuals may resist treatment, may feel betrayed or resentful, which can complicate future interactions and efforts to help.
- Legal Complexity: Navigating the legal process can be daunting for families, despite available support.
- Stigma and Social Impact: Families may fear social repercussions or judgment from their community.
How Long Does a Marchman Act take?
The timeline for the Marchman Act process can vary. From filing the petition to the court hearing usually takes about 10 days. The assessment and stabilization period (including medical detox) is up to five days, followed by a treatment period that can last up to 90 days, with the possibility of extensions if needed. In total, the entire process can span several months, depending on the individual’s progress and court decisions.
The duration of the treatment ordered under the Marchman Act can last up to 90 days, with the potential for extensions. The goal is to provide enough time for meaningful intervention and to start the recovery process. However, long-term recovery often requires ongoing support beyond the initial treatment period.
Comparing the Marchman Act to the Baker Act
While the Marchman Act focuses on substance abuse, the Florida Baker Act deals with mental health. Officially known as the Florida Mental Health Act, the Baker Act allows for involuntary examination (commonly known as “Baker Acting”) of individuals who are deemed to be a danger to themselves or others due to mental illness. Here’s a comparison:
Similarities:
- Involuntary Admission: Both acts allow for involuntary admission for assessment and stabilization.
- Legal Process: Both require a court petition and a hearing process to determine the necessity of involuntary treatment.
- Duration: Both have specific time frames for initial assessment and stabilization (up to 72 hours for the Baker Act and up to 5 days for the Marchman Act).
Differences:
- Focus: The Marchman Act is specifically for substance abuse, while the Baker Act is for mental health issues.
- Initiators: The Baker Act can be initiated by mental health professionals, law enforcement officers, or judges, whereas the Marchman Act allows family members and friends to file petitions.
- Facilities: The Baker Act often involves mental health facilities, whereas the Marchman Act involves licensed substance abuse treatment facilities.
It’s important to note that while the Marchman Act provides a legal mechanism for intervention, it is not a cure-all. Recovery from addiction is a complex and ongoing process that requires continued support, therapy, and sometimes multiple attempts at treatment. Families should also consider support groups, counseling, and other resources to help their loved ones maintain sobriety after the initial treatment period.
The Florida Marchman Act is a powerful tool for families facing the heartbreaking challenge of a loved one’s addiction. By providing a legal means to intervene, it offers a lifeline when other methods have failed. While it comes with its own set of challenges, the potential benefits – saving lives and paving the way for recovery – far outweigh the drawbacks.
For more detailed information, including the full text of the law and resources for families, you can visit the official Florida Department of Children and Families website.
If you find yourself in a situation where the Marchman Act might be necessary, remember that you are not alone. We are happy to help with a no cost initial consultation, please contact us at Silverliningintervention.com. Many families have walked this path before and found hope and healing. Take the first step, seek out the necessary resources, and trust that recovery is possible.