Why Is It Called The Marchman Act?

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.

What is the criteria for a Marchman Act?

A person meets the criteria for involuntary admission if there is good faith reason to believe the person is substance abuse impaired and, because of such impairment: (1)Has lost the power of self-control with respect to substance use; and either (2)(a)Has inflicted, or threatened or attempted to inflict, or unless …

How long can you be held on Marchman Act?

Under the Marchman Act, somebody can be held for assessment for up to five days. However, if that’s not enough time for the treatment provider to conduct the assessment, they can ask the court for an additional seven days so they can complete the assessment and then report to the court what their findings are.

How much does a Marchman Act cost?

Hiring a lawyer to file the Marchman Act is generally the most expensive option, with retainers typically ranging anywhere from $7,500-$9,500.

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 happens if you violate a Marchman Act?

But, if someone who has been Marchman acted leaves treatment, they can be found in contempt of court and charged as a result Depending on the county, individuals can face jail time if they violate their Marchman Act orders.

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.

Who is the Marchman Act named after?

The Marchman Act is a law specific to Florida and was named after Rev. Hal S. Marchman when instituted it in 1993. The statute allows families to petition the courts for mandatory assessment and substance abuse treatment.

What is the Stewart Marchman Act?

The Marchman Act provides for the involuntary assessment and stabilization of any person, juvenile or adult, whose abuse of alcohol and drugs is beyond the person’s control and is presenting a danger to the person or people around them.

What’s the difference between Baker Act and Marchman Act?

Specifically, the Baker Act is for mental health issues, and the Marchman Act is for those struggling with substance abuse issues. … The person using substances may harm themselves or others(Marchman Act) The person is unable to make the decision about getting help due to substance abuse(Marchman Act)

Can a Marchman Act be dropped?

After hearing from all parties, the Judge or general magistrate determines whether Substance Abuse Evaluation and Stabilization is necessary. (An assessment may be done on an in-patient or out-patient basis as ordered by the Court). If it is determined that an assessment is not necessary, the case may be dismissed.

How long is a section 35 good for?

How long does it last and what happens next? You can be kept in hospital for up to 28 days at first and is renewable for further periods of 28 days, up to a maximum of 12 weeks. The mental health professional in charge of your care and treatment under the MHA is known as the Responsible Clinician or RC.

What is an ex parte order?

An ex parte order is a court order issued before the other party gets notice or an opportunity to respond. It is an order a judge signs without having a hearing first. Ex parte orders are for emergency situations only.

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 is the purpose of the Florida Mental Health Act of 1972?

The Baker Act was enacted by the Florida Legislature in 1972 to provide legal procedures for mental health examination and treatment. The Act prohibits the indiscriminate admission of persons to state institutions or the retention of persons without just cause.

Do you have to pay for Baker Act?

The average cost is $300 a day per bed regardless of whether there is someone receiving treatment. This is to guarantee that anyone who needs help can get it.

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.

How long can you be involuntarily committed in Florida?

A person may not be held for involuntary examination longer than 72 hours.

Can you refuse a Baker Act?

A patient can technically refuse medication, and a parent can refuse on behalf of a child. But there may be consequences, such as a longer stay or a report of abuse to the authorities. This is why it is so important to ensure that you have competent legal representation when a loved one ends up in a Baker Act facility.

Does a Marchman Act show up on a background check?

Marchman Act records, and in fact, even the petition itself, is confidential, so somebody can’t go onto the Clerk of Courts website, and look up and see if a petition has been filed. The records that are kept by the substance abuse treatment provider are privileged under HIPAA.

How do I drop the Marchman Act?

They must demonstrate a clear case of harm to either yourself, someone else or both. It’s not just about their opinion. You don’t have to prove you don’t have a substance abuse problem; the petitioner must prove that you do. All your attorney really has to do is discredit their allegations.

Do you have to pay for Marchman Act?

There is no fee for filing a Marchman Act Petition.

What is an ex parte in 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.