Getting help for yourself or your loved one when drug addiction is involved will frequently involve medical detox in Florida. This process is not only legal, but it is encouraged by recovery experts. In the state of Florida, there is a law that even allows others around an addict to force him or her into a detox and treatment program against their wishes.
Among the most crucial tasks for a family suffering from a substance abuse is the job of convincing the addicted individual that this drug rehab is necessary. Sometimes an intervention will help the addict to come around and seek help on their own volition. In other cases, they will refuse. This is when using this Florida Marchman Act becomes necessary to force the abuser into a detox and substance abuse rehab program. Florida has the most progressive of laws that over a dozen states have now adapted for forcing involuntary commitment for such addiction treatment.
What is the Marchman Act and How Does it Impact Medical Help for Detox in Florida?
The Marchman Act is a civil statue within the state of Florida. In simple terms, it is a law that the state created to help families navigate through the courts in order to commit their loved one into a court-sanctioned and monitored assessment stabilization for detox. It ensures that the resisting addict will obtain the longer-term treatment that they will not consent to on their own will.
It is easiest utilized by family, but it does not require them to take effect. Blood relatives or spouses can invoke it on behalf of their abusing family member. Any three non-related individuals who possess direct experience with the addict’s abuse of substances can also invoke it and file on their behalf. With many drug users not having much family, this law was drafted in such a way that three colleagues with independent knowledge of the addiction can use it to help the addict.
It requires you to prove that the addict no longer possesses enough self control regarding his or her abuse to seek help. There must be an argument that they will probably harm the people around them or themselves if they do not receive treatment. It is also necessary to demonstrate that he or she no longer has the ability to recognize this need for detox treatment or to make a clear decision on such care. They must not be willing to undertake this treatment voluntarily either.
How the Marchman Act Encourages Medical Detox Help in Florida
Once a filing is made under the Marchman Act, the court will set a hearing once they receive the Petition for Involuntary Assessment and Stabilization. In the petition, the applicants tell the judge that they want to see the addict assessed and stabilized (through medical detox). After the hearing is over, the addict will be held by the court for as many as five days for such assessment. The facility will then make their recommendation back to the court.
The next step is for the applicants to file the Petition for Treatment. The court will receive this and then arrange for a second hearing to consider the facility’s assessment and subsequent recommendation. The judge will review the recommendation. He then has the power to order a 60-day treatment program that includes a potential extension of 90 days as needed by the addicted individual being helped.
Should the addict leave the treatment program against the orders of the judge, the process heads back to court. The addict would be forced to respond to the court with his reasons for not completing the treatment and detox. Usually the addict is then returned immediately to complete the involuntary care program.
For addicts who refuse, they are held in contempt of the court for not obeying the order of treatment. Their choices would then be to return to finish the treatment or face incarceration in prison. The ultimate reason that the Marchman Act works so well is because it includes serious and binding consequences for the drug addict.
Are Attorneys Required for Using the Marchman Act?
Many individuals will engage an attorney to help them ensure that the process is seen through the courts properly and expeditiously. Lawyers know how to properly file the sworn petitions that state the facts of the case and prove the need for the abuser to engage in immediate assessment, intervention, and detox for the abuse. The court will then typically order such treatment to commence with a delay as short as from 24 to 48 hours.
Florida does not require that attorneys get involved in the process of invoking the Florida Marchman Act. It does significantly increase the chance of succeeding with the process though. Fully nine out of ten families who attempt to use the Marchman Act without legal counsel have problems from not understanding the civil procedure rules. This is much like attempting to defend yourself alone in a criminal case or seeking a divorce without counsel. A great number of filings under the Marchman Act become dismissed for technical mistakes despite the fact that the addict meets all necessary criteria to qualify for the detox and treatment programs.
Families who do not opt to engage an attorney often learn when they arrive in court that the addict has one provided according to due process. This court-appointed attorney will often succeed in getting the entire case dismissed before the family understands what has happened.
It is not even necessary for an addict to be a Florida resident in order to get them help under the Marchman Act. The state understands that drug users are commonly transients without a residency in any state. If they have even spent a night in Florida, the family can file in Florida under the Marchman Act.
If you are ready to get your loved one help with detox in the state of Florida, we can help you. Contact us today by calling 877-497-6180. Our counselors are standing by to take your call right now.