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How to Marchman Act Questions

FAQ

Most frequent questions and answers
If you have been unsuccessful at convincing the person to seek treatment voluntarily then we highly recommend consulting with a qualified Interventionist before you do anything else call now at (888) 572-7220. If that is not an option and than you may consider filing for the Marchman Act.
The Marchman Act is the nickname for a Florida Statute best known for its unique provisions that allow family members to petition the courts for mandatory assessment and treatment of someone who is abusing drugs or alcohol appear to be a danger to themselves or others.
The How to 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. The Baker Act is primarily for mental illness and is used for commitment to a psychiatric facility for up to 72 hours due to mental illness when someone appears to be a danger to themselves or others.
No. Most programs being for Marchman Act cases are open door, voluntary programs and the only thing holding the patient there is a court order.

There are provisions for emergency admission and/or protective custody which are usually short term and can be ordered by a physician or law enforcement officer. But when loved ones want to file it requires a person’s spouse, relative, guardian OR three non relative adults with firsthand knowledge of the persons impairment.

A parent, legal guardian or custodian of a minor may initiate petitions. However, it is their responsibility to find appropriate treatment, check availability and make necessary payment arrangements with the treatment provider (same is true for adults but the handbook makes specific reference to this with regard to minors).
A Government issued Photo ID and address where the respondent can be served or picked up. You should also have information regarding the treatment provider who has agreed to receive the patient (preferable contact information and letter of acceptance). Some counties have additional items such as payment required to the courts or sheriff’s office. For example Miami Dade requires a 40.00 certified check made out to the Sheriffs dept.
NO. HIPPA laws state that unless a patient has signed releases for you, the provider can’t even confirm or deny if the patient is there (even when you know they are there).
Let’s face it, treatment isn’t free. The cost can be covered by health insurances or self payment. However, most counties have a state funded program that will work with the family or the patient on a sliding scale fee structure based on income and other factors. With that said, it is advisable that you research this before filing and make certain that treatment will be available within the county being filed in and that the fees can be paid.

Disclaimer

We are not attorneys nor are we affiliated with the state of Florida. If you would like a referral to an attorney or would like to discuss alternative intervention strategies call now at (888) 572-7220

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Howtomarchmanact.com is a service that provides information about the Marchman Act and addiction treatment options. Howtomarchmanact.com does not provide legal or medical advice and is not an attorney, legal provider. Howtomarchmanact.com does not endorse any programs or guarantee the quality of care that may or may not be provided by any provider, or the results to be achieved, by any treatment provider or attorney(s). The information provided by Howtomarchmanact.com is not a substitute for professional treatment, legal or medical advice. All calls and form submissions are handled solely and directly by Palm Beach Recovery Centers, a Licensed Florida Substance Abuse Treatment Program. No kickback, referral, brokering fee or similar is provided between the the owner of this website or the treatment provider. The licensed treatment provider is obligated to provide information about the Marchman Act and guide anyone who inquires to the proper level of help that is needed or desired for their particular situation. If throughout the inquiry the person contacting discovers that the particular licensed treatment provider is a proper fit for their situation, then that will establish a relationship between the person inquiring and the facility itself. There is no incentive for anyone to utilize any specific treatment provider. Rather it is a health matter that should be fully researched in order to make the best possible decision for one’s own situation. If you make an inquiry on this website, you can expect to be provided with options that match what you are asking for. Meaning if you ask for a program in a certain geographical area, the facility handling the phone call should provide you with at least one in the area you request. If you ask for information about a particular county courthouse or similar, you may be directed to a specific page on this website that contains that information.