What is the Marchman Act?
The Marchman Act is a case type covered under the Substance Abuse Services, which is governed by §397, Florida Statutes. A person may be taken to a receiving facility for involuntary admission if there is good faith reason to believe that the person is substance abuse impaired or has a co-occurring mental health disorder and, because of such impairment or disorder, meets the following criteria:
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The individual has lost the power of self-control with respect to substance abuse
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The individual is in need of substance abuse services and, by reason of substance abuse impairment, 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 mere refusal to receive such services does not constitute evidence of lack of judgment with respect to his or her need for such services
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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; and that it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services, or there is a 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
Filing a Petition
There is no filing fee required to file either (i) an Ex Parte Petition for Involuntary Assessment and Stabilization or (ii) an Ex Parte Petition for Involuntary Services.
Who Can File?
The petitioner must be a spouse or guardian, relative, director of a licensed service provider, private practitioner, or any adult who has personal knowledge of the individual’s substance abuse issues.
If the individual is a minor, only his or her parents, legal guardian/custodian, or licensed service provider may file a petition.
What Happens After Filing a Petition?
If the judge determines that the criteria have been met, the court will issue an Order for Involuntary Assessment and Stabilization. The facility then has five days to complete an assessment. After the assessment, the petitioner may file a Petition for Involuntary Services of Substance Abuse at the Jefferson County Clerk’s Office. The court does not set a hearing date until or unless the second petition for involuntary treatment is filed.
If the petitioner wishes to drop their Marchman Act filing, they may file a Withdrawal of Petition for Hearing on Involuntary Substance Abuse Assessment and Stabilization.