Marchman Act
The Hal S. Marchman Alcohol and Other Drug Service Act, commonly known as the Marchman Act, is a Florida law that provides a legal framework for the involuntary treatment of individuals struggling with substance abuse. Enacted in 1993, the act allows family members and friends to petition the state for mandatory assessment and treatment when a person has lost self-control due to addiction. For a petition to be successful, it must demonstrate that the individual poses a threat to themselves or others, or that their impaired judgment prevents them from making rational decisions.
Once a petition is filed, a court hearing is scheduled to determine if the criteria for involuntary treatment are met. If approved, the individual may undergo an emergency assessment and, if necessary, be admitted to a treatment facility for up to sixty days. While the Marchman Act aims to help those in need, it is intended as a last resort, and families are encouraged to consider other treatment options as well. The act is often discussed alongside the Baker Act, which addresses mental health crises. Recent legislative proposals have sought to streamline the processes associated with both acts, reflecting ongoing dialogues about the best approaches to treatment for substance use and mental health issues.
Marchman Act
The Hal S. Marchman Alcohol and Other Drug Service Act, more commonly known as the Marchman Act, allows the family and friends of people with substance abuse problems to petition the state for involuntary treatment. The act was passed by the state of Florida on October 1, 1993.
To implement the Marchman Act, several conditions must be met, such as the person having lost self-control because of the addiction. A court must approve the implementation of the Marchman Act. If it does, the individual with the substance abuse problem may face involuntary assessment and treatment in a specialized facility.
Background
In the early 1970s, the US federal government gave states grants to develop counseling and care programs for families affected by substance abuse. In response, the government of Florida enacted two legal provisions: chapter 396 and chapter 397. Chapter 396 referred to alcoholism, while chapter 397 referred to alcohol abuse. In 1993, Representative Steven Wise from Jacksonville, Florida, introduced legislation that would combine chapters 396 and 397.
On October 1, 1993, the government of Florida replaced both chapters with a new chapter 397. This chapter, named the Hal S. Marchman Alcohol and Other Drug Service Act, served many of the same purposes as its predecessors. The act was named for Rev. Hal. S. Marchman, who was known for his work with people struggling with addiction. The act addressed the challenges faced by people with drug and alcohol problems in Florida.
Unlike its predecessors, the Marchman Act did not discriminate between alcohol and drug dependency. Instead, the Marchman Act simply refers to “substance abuse,” which allows the law to apply more broadly, allowing people to attain treatment for numerous types of addictions.
Most importantly, the Marchman Act allows family and friends of those suffering from substance abuse addictions to apply to have them receive mandatory substance abuse treatment. This may occur against the will of a person with a substance abuse addiction. This is commonly compared to the Baker Act, which was created to allow families and friends to provide involuntary help to people suffering from mental illnesses.
Overview
The Marchman Act names specific conditions during which someone may be admitted involuntarily to a program. The family and friends of the afflicted individual must first show that he or she has lost the power of self-control because of substance abuse. In addition to demonstrating a significant loss of self-control, friends and family must demonstrate that one of two other conditions has been met.
The first condition necessitates that they prove that the individual has inflicted harm on him- or herself or others, has threatened to do so, or is likely to do so unless admitted. The second condition necessitates that the family or friends prove that the afflicted individual’s judgment has been so impaired by the substance abuse problem that he or she is no longer able to make rational decisions. The law also notes that the refusal to receive treatment for a substance abuse problem, regardless of the severity of any present addictions, does not constitute evidence of severely impaired judgement.
People seeking to utilize the Marchman Act may submit the act themselves or hire a lawyer to assist them. Personally filing the act is much less expensive. However, it places the responsibility for making a case, filling out forms, and submitting important documents to the court solely on the friends or family, which may reduce the chance of receiving approval from the court. Hiring a knowledgeable attorney may expedite the process and increase the likelihood that those applying will receive a favorable court ruling. However, it is likely to be significantly more expensive than self-filing.
In some instances, those wishing to use the Marchman Act may be able to secure the aid of an intervention counselor. Intervention counselors typically do not charge as much as lawyers and are experienced in the application of the Marchman Act. They may also be able to help people develop treatment plans and open lines of communication between the courts, their clients, and the afflicted individuals.
If the Marchman Act petition is accepted by the court, the afflicted individual may be detained involuntarily for an emergency assessment period, which may not exceed five days. If the assessment finds that further intervention is necessary, the afflicted individual may be involuntarily admitted to a treatment facility for a period not exceeding sixty days. Within this facility, professional interventionists work with patients to help them begin to overcome their addiction.
The involuntary assistance provided by the Marchman Act is not usually the sole treatment that an individual needs. Friends and family should expect an afflicted person to continue to struggle with addiction once the involuntary treatment period has expired. For this reason, intervention programs like those instituted by the Marchman Act work best when coupled with long-term treatment plans.
The Marchman Act is often paired with the Baker Act, another means of intervention, specifically in Florida. The Baker Act, though, focuses on individuals with mental health illnesses that may need immediate intervention. Similar to the Marchman Act, the Baker Act allows for involuntary intervention if an individual is experiencing a mental health crisis. The two acts are often paired together. In March 2024, Florida elected officials proposed a bill to overhaul the Marchman and Baker Acts, which would streamline the processes for evaluation and would call for notification of parents for children under the age of 18 prior to involuntary intervention. The bill would also allow for more discretion on the part of law enforcement, changing mandatory examinations to discretionary ones. The bill was unanimously passed in the Florida House and Senate.
The Marchman Act is best utilized as a last resort. In many cases, individuals who have been court ordered to receive involuntary treatment may be upset with their family or friends. Invoking the Marchman Act is sometimes used as a threat during intervention practices to convince someone struggling with addiction to accept voluntary treatment.
Bibliography
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Duchene, Darran. “Fundamentals of the Marchman Act.” State University Systems of Florida, 2009, flbog.sip.ufl.edu/risk-rx-article/fundamentals-of-the-marchman-act/. Accessed 7 Apr. 2021.
“Hal S. Marchman and the Marchman Act.” Law Offices of Paul J. Burkhart, 2021, paulburkhart.net/blog/floridas-marchman-act/. Accessed 7 Apr. 2021.
Hatter, Lynn. “Florida's Baker and Marchman Acts Are Set for the Biggest Overhaul in Years.” Health News Florida, 11 March 2024, health.wusf.usf.edu/health-news-florida/2024-03-11/floridas-baker-and-marchman-acts-are-set-for-the-biggest-overhaul-in-years. Accessed 23 May 2024.
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“Marchman Act Information.” Southeast Florida Behavioral Health Network, 2021, sefbhn.org/crisis-services/marchman-act/. Accessed 7 Apr. 2021.
“What Is the History of the Marchman Act?” MarchmanActInfo.com, 2021, www.marchmanactinfo.com/is-the-marchman-act-right-for-me/what-is-the-history-of-the-marchman-act/. Accessed 7 Apr. 2021.