What is the Florida Marchman Act?
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The Marchman Act of Florida is a state statute allowing individuals to be entered into a court-ordered substance abuse treatment program. It is designed to help individuals struggling with addiction by providing a legal framework that encourages them to seek help and follow through with treatment.
Keep reading to learn more about Florida statutes on addiction treatment and the Marchman Act and court-ordered treatment, and how you can get started on your recovery journey today.
Filing a Petition With the Marchman Act
While the Marchman Act can be an effective tool for helping those who cannot or will not help themselves, it is important to understand the process and laws behind filing a petition for involuntary assessment before moving forward with this option.
The Marchman Act petition process is initiated when a legal guardian or another family member, friend, health professional, or other concerned individual files a petition in court. This may include a written assessment involving any personal knowledge the petitioning individual has on their loved one’s addictive behaviors.
Once the petition is filed, the court then appoints a “Marchman Act Coordinator” and a hearing date will be set to evaluate the individual’s situation and determine if they meet the specific criteria for the court to order treatment.
After relevant testimony has been given, the court will make a rational decision. If the court grants the petition for involuntary treatment, the individual will be placed into a treatment facility, most often a Florida rehab of some kind. In severe cases, an ex parte order can be issued, where a mere refusal will not suffice for getting the individual out of treatment.
The involuntary commitment ordered through Marchman Act petitions can last for up to five days before the individual is released with a plan of care, although this can vary based on the person.
Getting Treatment Through Involuntary Rehab Programs
The Marchman Act is a form of civil commitment, meaning that the individual is not criminally charged or incarcerated by a law enforcement officer, but is instead subject to a court ordered rehab that requires them to receive treatment from a licensed service provider. This order can last anywhere from 60 to 80 days.
During this time, substance abuse-impaired persons are required to cooperate with their court-ordered treatment plan. This may include attending therapy sessions, participating in a variety of addiction treatment services and programs, and/or taking prescribed medications.
The Marchman Act is beneficial for the assessment and stabilization of individuals who may otherwise not seek such treatment for their substance abuse impairment or addiction. It also allows family members, friends, and other concerned individuals to be involved in the individual’s treatment process.
Those who are ordered to receive involuntary treatment are commonly referred to local and state or government-funded treatment programs. In some cases, other drug services act to help address the underlying causes of a person’s addiction, although this extended treatment may not necessarily be available through court-ordered rehab services.
The Marchman Act is a great tool for helping people receive treatment for a substance use disorder they otherwise would not seek on their own. With that being said, when it comes down to involuntary or voluntary assessment and treatment, getting help voluntarily will always be a better option.
The Benefits of Voluntary Substance Abuse Treatment
Someone who is forced to seek addiction services under a Marchman Act order may run the risk of not retaining the recovery tools learned through such services. While involuntary admission can certainly set those struggling with addiction on the right path, voluntary admission is always ideal for this treatment to be truly effective.
Those struggling with addiction can have a hard time making rational decisions, particularly when it comes to seeking help for their substance abuse. This is especially true for those struggling with a mental illness or other simultaneous health condition, as they may be using substances as a means of self-medication.
However, when someone is equipped with a desire for the power of self-control with respect for their well-being, and that of their loved ones, they can start their treatment process in good faith, rather than being forced to do so.
There are many treatment facilities and programs available nationwide to help provide safe management and recovery services for those recovering from addiction. Certain facilities may also offer mental health rehab and treatment services to help individuals address both their surface-level addiction, as well as its underlying causes.
Furthermore, involuntary treatment may not allow individuals to seek out more specialized or higher-quality treatment programs. Compared to seeking treatment through a private practitioner, these state and government-funded programs may not offer the care a person needs to successfully recover.
Find Substance Abuse Services for a Loved One Today!
If you or a loved one is struggling with an addiction and are willing to seek treatment, the Rehabs Of Armerica team is here to help. Our team of addiction specialists is available 24/7 to help you find treatment facilities nationwide that can serve all of your care needs.
Give yourself the chance you deserve at a happy and healthy life, and call now to take the first step on your path to recovery today!
FAQs About the Marchman Act
Does Involuntary Rehab Work?
The answer to this question is complicated. It depends on the individual, the severity of their addiction, and the quality of treatment they receive. Studies have shown that those who are forced into treatment against their will are more likely to drop out early and relapse.
However, there are cases where involuntary rehab can be effective. For example, if an individual’s addiction is so severe that it is putting them in danger, then involuntary rehab may be necessary to get them the help they need.
How Long is the Involuntary Rehab Process?
Involuntary rehab can vary in length from a few weeks to several months, depending on the individual’s needs and the court’s orders. Generally, the court will set a specific time period for the rehab to take place, with the option for this period to be extended or shortened as needed.
What is the Difference Between the Marchman Act and the Baker Act?
The Marchman Act is a Florida law allowing concerned individuals to petition to have a loved one involuntarily placed into treatment for a substance addiction. The Baker Act, on the other hand, is a Florida law allowing individuals struggling with mental health to be evaluated and placed into treatment if they are a safety concern for themselves or others.
Nicole R. is an experienced and accomplished writer with special interests in the fields of Anthropology, English, and behavioral health, and has written countless articles for newspaper publications, institutional research journals, and Find Addiction Rehabs.
Her alma matter is Florida Atlantic University in Boca Raton. Nicole hopes to spread awareness of and combat the stigmatization surrounding addiction and substance abuse treatment through her writing and work in the field.
