Florida Statute Chapter 397
What is the Florida Marchman Act?
The Marchman Act is Florida's law that allows families to petition the court for involuntary assessment and treatment of a loved one struggling with substance abuse. Learn how this powerful legal tool can help save lives.
Quick Facts
Understanding the Marchman Act
The Florida Marchman Act, officially known as the Hal S. Marchman Alcohol and Other Drug Services Act, is a Florida statute that provides a legal mechanism for families to seek involuntary assessment and treatment for individuals suffering from substance abuse disorders.
Named after Hal S. Marchman, a renowned addiction counselor and advocate, this law was enacted in 1993 to address situations where individuals with severe addiction are unable or unwilling to seek treatment voluntarily. The Act recognizes that substance abuse disorder is a disease that impairs judgment, making it impossible for some individuals to recognize their need for help.
How the Marchman Act Works
The Marchman Act allows concerned family members, friends, or healthcare professionals to petition the court for an emergency or non-emergency intervention. There are three main pathways under the Act:
1. Emergency Admission
Law enforcement or certain professionals can initiate protective custody for up to 72 hours when an individual is impaired and poses an immediate threat to themselves or others.
2. Voluntary Petition
Family members or three concerned adults can file a petition requesting the court order an assessment. This is the most common approach.
3. Court-Ordered Treatment
Following assessment, if the individual meets criteria, the court can order treatment for up to 60 days, with a possible 30-day extension.
Why the Marchman Act Matters
Addiction is unique among diseases because it attacks the very part of the brain responsible for decision-making and self-awareness. Many individuals suffering from severe addiction genuinely cannot recognize the danger they're in. They may refuse help, deny they have a problem, or become hostile toward those trying to help them.
The Marchman Act provides a legal framework that acknowledges this reality. It allows families to intervene when:
- The person has lost the ability to control their substance use
- They are a danger to themselves or others
- They refuse voluntary treatment
- They are unable to make rational decisions about their own care
What the Marchman Act Covers
The Marchman Act applies to all forms of substance abuse, including:
Legal Details
Florida Statute Chapter 397
Understanding the legal foundation of the Marchman Act
Purpose of the Statute
Chapter 397 establishes a comprehensive system for substance abuse services in Florida. It creates the legal framework for both voluntary and involuntary treatment, ensures due process rights, and establishes standards for treatment facilities.
Due Process Protections
The Marchman Act includes robust protections for the individual's rights. They have the right to legal representation, the right to a hearing, and the right to present evidence. Treatment cannot be ordered without proper judicial review.
Assessment Requirements
Before treatment can be ordered, a qualified professional must conduct an assessment. This evaluation determines whether the individual meets the statutory criteria for involuntary treatment.
Treatment Standards
The law requires that all treatment be provided by licensed facilities using evidence-based practices. The goal is stabilization and long-term recovery, not punishment.
Why Consider It
Benefits of the Marchman Act
Saves Lives
Addiction is fatal if untreated. The Marchman Act provides a legal pathway to get your loved one into life-saving treatment when they refuse to go voluntarily.
No Criminal Record
The Marchman Act is a civil proceeding. Using it does not create a criminal record, protecting your loved one's future opportunities.
Court Authority
The court can order the individual to remain in treatment, reducing the risk of leaving against medical advice (AMA).
Extended Treatment
Court-ordered treatment can last up to 90 days—long enough for your loved one to stabilize and begin meaningful recovery.
Family Involvement
The process keeps families informed and involved, improving outcomes through a support system.
Professional Care
Treatment must be provided by licensed facilities meeting state standards, ensuring quality care.
Eligibility
Who Qualifies for the Marchman Act?
For the court to order involuntary treatment, the individual must meet specific criteria established by Florida law.
Substance Abuse Impairment
The individual must have a substance abuse problem that impairs their judgment or decision-making ability.
Loss of Self-Control
They have lost the power of self-control with respect to substance use and cannot voluntarily stop using.
Danger to Self or Others
Without treatment, they pose a danger to themselves or others, OR they are incapable of making rational decisions about their care.
Not sure if your loved one qualifies? We can help you evaluate your situation.
Get Free AssessmentClearing Up Confusion
Common Misconceptions About the Marchman Act
"It's like putting someone in jail"
"They'll hate me forever"
"Forced treatment doesn't work"
"I need to be a family member to file"
"It's too expensive"
History
The Story Behind the Marchman Act
The Marchman Act is named after Hal S. Marchman, a pioneering Florida addiction counselor who dedicated his life to helping individuals struggling with substance abuse.
Marchman recognized that addiction is a disease that often robs individuals of their ability to seek help voluntarily. He advocated for a legal framework that would allow families to intervene while still protecting the individual's rights.
The Act was passed by the Florida Legislature in 1993 and has since helped thousands of Florida families get their loved ones into treatment. It represents a balanced approach that acknowledges both the reality of addiction and the importance of due process.
"Addiction is a disease that tells you that you don't have a disease. Sometimes, the most loving thing a family can do is intervene."
— Florida addiction treatment advocate
Get Expert Guidance on the Marchman Act
Our team has helped over 2,500 Florida families navigate the Marchman Act. We're available 24/7 to answer your questions and help you understand your options.
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