Lawyer Monthly - October 2021 Edition

filing. The court will review this petition and the treatment recommendation by the clinician to decide whether to order the respondent to comply with this recommendation. If the court orders treatment, the order will be in place for a minimum period of 90 days. Substance abuse treatment is either paid for privately (cash) or through pre-existing personal insurance plans. If neither the respondent nor the client has the ability to pay for treatment, the only treatment alternative is typically the use of a county or government-funded indigent program. Are there any particularly common pitfalls that can be encountered when filing a Marchman Act petition? If a treatment order has been entered and the respondent is non-compliant in any way, the attorney should file a Rule to Show Cause with the court and bring the respondent before the judge for violating the court order and seek sanctions. Generally, if this occurs, the judge will have a hearing, and if proven, give the respondent one more opportunity to return to treatment and comply with the court order to avoid incarceration. Should the respondent yet again fail to comply with the court order they will be found in civil contempt and possibly incarcerated until they are ready to return to treatment. It is important to note that serving time for contempt does not invalidate the existence or duration of the original 61 OCT 2021 | WWW.LAWYER-MONTHLY.COM THOUGHT LEADER - KELLY D FEIG Kelly D Feig Founder, The Law Office of Kelly D Feig, PA 2410 NE 10th Street, Hallandale Beach, Florida 33009 Tel: (305) 979-2488 | Email: kelly@kdflegal.com order for treatment. The respondent must continue treatment pursuant to the original order subsequent to being released from custody. The client must further understand that, although the respondent is recommended at one particular level of care during the assessment, the clinicians may increase or decrease the level of care at any time. Often, a respondent, based on their participation (or lack thereof), may start at one level of care, but subsequently need a higher or lower level of care based upon their participation in the treatment process. This is not uncommon and should be expected. Prior to the end of the 90-day treatment period, should the respondent still meet Marchman Act criteria, based on a medical professional’s recommendation, an extension can be filed for up to an additional 90 days. It is important that attorneys (or individuals petitioning) be aware of the deadlines for filing so that the court does not lose jurisdiction. Once jurisdiction is lost, the process must start from the beginning. One way to avoid this pitfall is review the statute and the local rules. Another action attorneys can take is setting a status conference every two- weeks (even if the respondent enters treatment voluntarily and there is no order) so the court maintains its jurisdiction. www.probatestars.com/kelly-feig Book an Appointment: https://kdflegal.cliogrow.com/book