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What is the Marchman Act in the Orlando, Florida Area?

The Marchman Act is covered in Florida Statute 397.301 to 397.398. The Marchman Act deals with Involuntary Commitment for substance abuse assessment and stabilization. It can be used to help stabilize and get treatment for someone who is abusing alcohol or drugs. 

If someone is substance abuse impaired, you may be able to have them involuntarily committed for treatment under the Hal Marchman Act. The Marchman Act authorizes the involuntary commitment of a person to an appropriate facility for assistance and stabilization due to alleged substance abuse impairment if the person meets the criteria in section 397.675. “Substance abuse impaired” means a condition involving the use of alcoholic beverages or any psychoactive or mood-altering substance in such a manner as to induce mental, emotional, or physical problems and cause socially dysfunctional behavior. 

To start the process, you must fill out a petition. You can fill out the petition at the courthouse. It is usually handled by the clerk of court that handles mental health issues. In Orange County, you can go to the third floor. The petition will have questions for you to answer and space for you to fill in the facts. The petition will ask the following questions:

• Is the person substance abuse impaired or do they have a co-occurring mental health disorder?
• Has the individual, because of such impairment or disorder, lost the power of self- control with respect to substance abuse? 
• Is the person in need of substance abuse services incapable of appreciating their need for services and making rational decisions in that regard?
• Is the individual without care or treatment likely to suffer from neglect or refusal to care for himself or herself, and does such neglect or refusal pose a real and present threat of substantial harm to their well being? 
• Is there a substantial likelihood that the individual has inflicted or threatened to or attempted to inflict, or unless admitted, is likely to inflict, physical harm on himself, herself or another?

If the court approves the petition, then they can enter an ex parte order directing law enforcement to take the person into custody and to deliver them to the nearest appropriate licensed service provider to stabilize and/or access involuntary. 

If you have more questions regarding a Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.