Who can initiate a Marchman Act?
The petition can be filed by a spouse, relative, or guardian, or by three concerned unrelated individuals who have witnessed the uncontrollable drug/alcohol use. Emergency petitions can also be filed by a physician, therapist or law enforcement officer.
How do you enact the Marchman Act?
How does the Marchman Act Work? The Marchman Act is initiated by filing a petition for involuntary assessment in the county court where the impaired individual resides. The petition must be filed in good faith by a person recognized by the court to do so.
How long do Marchman acts last?
The Marchman Act is primarily for Chemical Dependency/Substance Abuse and is used for involuntary assessment and treatment with initial assessment order for up to 5 days and successive treatment orders of up to 60 days.
How do I file a Marchman Act in Hillsborough County?
A petition may be filed through the Mental Health Department of the Hillsborough County Clerk of the Circuit Court, Edgecomb Courthouse, 800 East Twiggs Street, Room 205, Tampa, FL 33602. Offices hours are Monday through Friday, 8AM to 5PM. There is no cost to file the petition.
Who is Hal Marchman?
Hal was pastor of Eminence Baptist Church until 1959 when he was called as pastor of Central Baptist Church in Daytona Beach. He served there for 28 years until his retirement in 1987. In retirement, Hal became a part-time lobbyist for several non-profit organizations.
What is the difference between a Baker Act and a Marchman Act?
While the Baker Act is designed to involuntarily commit individuals who are impaired due to mental illness, the Marchman Act works to do the same for those impaired by substance use disorders.
What happens if you violate a Marchman Act?
If the court finds that the person is non-compliant, they will then give the respondent the choice of either going into treatment or going into custody, and that’s the leverage that the court holds over the respondent’s head to get them to go into treatment.
How long is an ex parte Good For in Florida?
A hearing will be held on the date and at the time noted above to determine if a final risk protection order should be issued. Failure to appear at that hearing may result in a court issuing an order against you which is valid for 1 year.
What is an ex parte order Florida?
A court may enter an ex parte order stating that a person appears to meet the criteria for involuntary examination, giving the findings on which that conclusion is based. The ex parte order for involuntary examination must be based on sworn testimony, written or oral.
Why is it called the Marchman Act?
The statute was named the “Hal S. Marchman Alcohol and Other Drug Services Act of 1993” -generally referred to as the Marchman Act. The Act was named after Rev. Marchman, a tireless advocate for persons who suffer from alcoholism and drug abuse.
What is Hal S Marchman Alcohol and Other Drug Services Act?
The Marchman Act, officially the “Hal S. Marchman Alcohol and Other Drug Services Act of 1993”, is a Florida law that provides a means of involuntary and voluntary assessment and stabilization and treatment of a person allegedly abusing alcohol or drugs.
What states have the Marchman Act?
These include:
- Connecticut.
- South Carolina.
- Georgia.
- California.
- Texas.
When did the Marchman Act come into effect?
Understanding the Marchman Act October 21, 2019 The Hal S. Marchman Alcohol and Other Drug Services Act of 1993, commonly referred to as the Marchman Act, is a Florida statute providing emergency intervention for those over-using drugs or alcohol.
How does the Marchman ACT work for alcohol abuse?
The state court system can provide for either a voluntary or involuntary assessment and stabilization of a person abusing drugs or alcohol, as well as provide treatment for it. Many people have heard of the Marchman Act, but are not completely sure how to use it.
Can a civil court order be issued under the Marchman Act?
Under the Florida Marchman Act, a civil court can issue an order that requires an impaired individual to comply with a drug and alcohol, assessment and treatment. Failure to comply with such a civil court order may result in legal consequences.
How does a Marchman Act filing in Florida work?
A Marchman Act filing must be initiated against the alleged impaired individual in the Florida county where said individual resides. The filing must be prepared and submitted by a person who is recognized by the court as someone who has standing to do so. That’s usually includes family members and law enforcement.