Lawyer Monthly - October 2021 Edition

WWW.LAWYER-MONTHLY.COM | OCT 2021 60 THOUGHT LEADER - KELLY D FEIG Understanding the Marchman Act Deeply useful yet unknown to most attorneys, the Marchman Act offers people in the state of Florida an option to help loved ones who struggle with substance abuse. Below, Kelly D Feig outlines the purpose of the statute and the aid it can provide to families. been pre-determined for completion of the assessment/stabilisation/detox or be picked up by law enforcement and delivered by them to the nearest facility as ordered by the court for the assessment/stabilisation/detox. Following this, the treatment providers will render their assessment and make a recommendation for treatment to the court. The client must understand that the attorney and the court officials cannot dictate the level of care and have no influence on the level or type of treatment the respondent will receive. The trained professionals base their treatment recommendation and the level of care based on the respondent’s needs. Typically, treatment is outpatient treatment, day-treatment, intensive outpatient treatment and/or residential treatment. It is the obligation of the client and the client’s attorney to enforce the order of the court upon the respondent. The next step in the Marchman Act process is the filing of a Treatment Petition by the lawyer if one has not previously been filed and is warranted. Some counties in Florida require the assessment facility to file the second petition, so the lawyer should review the local rules in each county before be a danger to themselves or others. Attorneys should be aware that this is a two-step process. The Marchman Act process begins by filing a Petition and Request for Assessment and Stabilisation (Detox) and/or Treatment. Once the court has reviewed this petition, either through an ex parte process (no hearing required) or an actual hearing before the court, a court order may be entered. The respondent may be court-ordered to immediately go to a facility that has What is the purpose of the Marchman Act? The Marchman Act is a civil – not criminal – procedure. It is a Florida statute that enables families or friends to petition the court for mandatory assessment and treatment for someone who is abusing drugs or alcohol and has lost the ability to appreciate that they have a problem. The proceedings are confidential and are usually conducted as part of the mental health division of the court. I can help people residing outside of Florida as long as they are within the borders of the state when they are served. What important factors should attorneys be aware of before petitioning the court for intervention via the Marchman Act, and what does the process involve? TheMarchmanAct isprimarily for chemical dependency and substance abuse. It is used for involuntary assessment and treatment with initial assessment order for up to five days and successive treatment orders of up to 90 days. This is different than the 72-hour hold many states have implemented primarily for mental illness when someone appears to The client must understand that the attorney and the court officials cannot dictate the level of care and have no influence on the level or type of treatment the respondent will receive.