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Article: MARCHMAN ACT
It is a Florida statute that is also known as the "Hal S. Marchman Alcohol and Other Drug Services Act of 1993” and comply referred by it’s abbreviated name “The Marchman Act”. It provides a means of involuntary and voluntary assessment & stabilization and treatment of a person alledgely abusing alcohol or substance abuse.
INVOLUNTARY CATEGORIES AND CRITERIA
The involuntary assessment and treatment has two categories non-court and court involved admissions. The criteria for involuntary admission is:
“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
2a. Has inflicted, or threatened or attempted to inflict, or unless admitted is likely to inflict, physical harm on himself or herself or another; OR
b. Is in need of substance abuse services and, by reason of substance abuse impairment, his or her judgment has been so impaired that the person is incapable of appreciating his or her need for such services and of making a rational decision in regard thereto; however, mere refusal to receive such services does not constitute evidence of lack of judgment with respect to his or her need for such services. “
It is under Title XXIX - PUBLIC HEALTH Chapter 397 -SUBSTANCE ABUSE SERVICES of the Florida Statues. The links to these paragraphs are listed below:
PART IV VOLUNTARY ADMISSIONS PROCEDURES '397.601 Voluntary admissions. PART V INVOLUNTARY ADMISSIONS PROCEDURES 397.675-397.6977 A. General Provisions
B. Non-court Involved Admissions: Protective Custody
C. Non-court Involved Admissions; Emergency
D. Non-court Involved Admissions; Alternative Involuntary Assessment for Minors
E. Court Involved Admissions, Civil Involuntary Proceedings; Generally
F. Court Involved Admissions; Involuntary Assessment; Stabilization
G. Court Involved Admissions; Involuntary Treatment
PART VII OFFENDER REFERRALS
397.705 Referral of substance abuse impaired offenders to service providers.
397.706 Screening, assessment, and disposition of juvenile offenders.
PART VIII
INMATE SUBSTANCE ABUSE PROGRAMS
397.752 Scope of part.
397.753 Definitions.
397.754 Duties and responsibilities of the Department of Corrections.
Criteria for involuntary admission is listed under the 397.675.
TIMEFRAMES
⁃ 3-5 days for assessment under special conditions (minors or emergency admissions)
⁃ Non-Court protective custody is limited to 3 days (72 hours). The court can order involuntary treatment at a licensed service provider for a period not to exceed 60 days
COSTS
It is an unfunded state requirement and each community must allocate funds for it. 1- Jessica Zimmer, thefix.com - Florida’s Marksman Act: Why Involuntary Commitment Works, 11/17/2014.
Additionally, there are filing fees with the court.
References
DEPT OF CHILDREN AND FAMILIES - MARCHMAN ACT REFERENCE GUIDE OF 2003
https://www.dcf.state.fl.us/programs/.../marchman/marchmanacthand03p.pdf |
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