Marchman Act
We have experience with the Marchman Act. In 1993, the state of Florida passed the Marchman Act as a legal means to help get loved ones into substance abuse treatment involuntarily, when necessary. The Marchman Act is a very useful tool in Florida as it acts as a conduit to get people’s loved ones into treatment.
What is a Marchman Act?
The Marchman Act, officially known as the Hal S. Marchman Alcohol and Other Drug Services Act of 1993, is a Florida law that serves as a powerful tool for addressing substance use disorders (SUDs) in the state. Let’s explore its key aspects:
Purpose and Scope
- The Marchman Act aims to provide a means for both involuntary and voluntary assessment, stabilization, and treatment of individuals allegedly abusing alcohol or drugs.
- It recognizes that some individuals may be unable to make sound decisions due to their substance abuse issues.
Involuntary Commitment
While the Marchman Act encourages voluntary treatment, it also allows for involuntary commitment under specific circumstances.
Here’s how it works:
- Criteria: The Act has specific criteria for its use.
- Law Enforcement: Law enforcement officers can invoke the Marchman Act if they encounter someone obviously under the influence of substances in a public place.
- Petition by Relatives: Relatives (guardians, spouses, etc.) can petition the court to involuntarily commit a person for substance use if:
- The person is likely to harm themselves.
- The person cannot comprehend the harm caused by their substance use.
- Three Adults Petition: If three adults who know of a person’s substance use agree, they can also petition a judge for involuntary commitment.
Balancing Individual Rights and Public Safety
- The Marchman Act strikes a balance between individual autonomy and public safety.
- It ensures that individuals receive necessary evaluation, stabilization, and treatment even when they resist seeking help.
