How does the Marchman Act Work? The Marchman Act is
initiated by filing a petition for involuntary assessment in the county court where the impaired individual resides
. The petition must be filed in good faith by a person recognized by the court to do so.
Who can file a Marchman Act?
The petition can be filed by
a spouse, relative, or guardian
, or by three concerned unrelated individuals who have witnessed the uncontrollable drug/alcohol use. Emergency petitions can also be filed by a physician, therapist or law enforcement officer.
What is the criteria for a Marchman Act?
A person meets the criteria for involuntary admission if there is good faith reason to believe the person is substance abuse impaired and, because of such impairment:
(1)Has lost the power of self-control with respect to substance use
; and either (2)(a)Has inflicted, or threatened or attempted to inflict, or unless …
Do you have to pay for Marchman Act?
If this is a concern for your family then we encourage you to seek legal counsel before filing. Who is responsible for the cost of care when someone is Marchman Acted? Let’s face it, treatment isn’t free.
The cost can be covered by health insurances or self payment
.
How do you get someone involuntarily committed in Florida?
It can be initiated by
judges
, law enforcement officials, or mental health professionals. There must be evidence that the person a) has a mental illness (as defined in the Baker Act) and b) is a harm to self, harm to others, or self neglectful (as defined in the Baker Act).
What is the difference between a Baker Act and a Marchman Act?
The Baker Act and Marchman Act are similar, but they’re used in two different situations. … Specifically, the Baker Act is for mental health issues, and
the Marchman Act is for those struggling with substance abuse issues
.
Can a Marchman Act be dropped?
After hearing from all parties, the Judge or general magistrate determines whether Substance Abuse Evaluation and Stabilization is necessary. (An assessment may be done on an in-patient or out-patient basis as ordered by the Court).
If it is determined that an assessment is not necessary, the case may be dismissed
.
How long can you be held on Marchman Act?
Under the Marchman Act, somebody can be held for assessment for
up to five days
. However, if that’s not enough time for the treatment provider to conduct the assessment, they can ask the court for an additional seven days so they can complete the assessment and then report to the court what their findings are.
Why is it called the Marchman Act?
The Act was named
after Rev. Hal. S. Marchman
, a tireless advocate for persons who suffer from alcoholism and drug abuse.
What year was the Marchman Act passed?
The Marchman Act, also known as the Hal S. Marchman Alcohol and Other Drug Services Act, is a law that was passed in
1993
in the State of Florida.
How much does it cost to Marchman Act someone?
Hiring a lawyer to file the Marchman Act is generally the most expensive option, with retainers typically ranging anywhere from
$7,500-$9,500
.
How do you fight a Marchman Act?
A Marchman Act filing must be
initiated against the alleged impaired individual
in the Florida county where said individual resides. The filing must be prepared and submitted by a person who is recognized by the court as someone who has standing to do so. That’s usually includes family members and law enforcement.
How long can you be involuntarily committed in Florida?
A person may not be held for involuntary examination longer than
72 hours
.
Can you refuse Baker Act?
A patient can technically refuse medication
, and a parent can refuse on behalf of a child. But there may be consequences, such as a longer stay or a report of abuse to the authorities. This is why it is so important to ensure that you have competent legal representation when a loved one ends up in a Baker Act facility.
When should you 302 Someone?
Involuntary admission to an acute inpatient psychiatric hospital (also known as a “302”) occurs
when the patient does not agree to hospitalization on a locked inpatient psychiatric unit
, but a mental health professional evaluates the patient and believes that, as a result of mental illness, the patient is at risk of …
What happens after 72 hours of Baker Act?
If you are held beyond 72 hours,
you have the right to remain in the hospital for voluntary treatment
. If you do not want to stay voluntarily, the facility where you are staying will conduct a certification review hearing within four days of the end of your 72-hour hold.
