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Navigating the Marchman Act Hearing in the Lake Mary, Florida Area and the Orlando, Florida Area

Many families in Central Florida agonize over what to do regarding a spouse, child, or loved one with substance abuse issues. At the same time, you want to support your loved one, but you do not want to enable them. You may have a loved one who is so addicted to a substance that they no longer care for themselves or their safety. The loved one may end up in the worst crime area of Central Florida because all they care about is their next score. You as a family member may be worried sick that your loved one may end up beaten and bruised or even killed. What can you do in this situation?

When Outpatient Treatment Fails

Your loved one may have already attempted outpatient treatment to no avail. You, family, and friends may have done an intervention for them to get treatment to no avail. Your loved one may be telling you that they will do outpatient treatment. However, you know in your heart that will not solve the problem because they need inpatient treatment. On top of that, your family has probably already spent thousands of dollars trying to help your loved one kick the habit. You are exhausted and economically drained. What can you do? 

The Marchman Act in Florida

Under Florida Statute 397 Marchman Act, it explains your options. You can go to the courthouse where your loved one lives and fill out a Marchman Petition to have your loved one involuntarily committed to inpatient treatment. Of course, your loved one will most likely fight you on this. So, you need to be prepared. It is good for you to keep a diary of the danger that your loved one has placed themselves in so that they can get their drug of choice. Are they caring for themselves? Are they going to dangerous drug neighborhoods? Where are they living? Are they homeless? Have they committed any crimes? Have they been the victim of crime due to their substance abuse? That all needs to be included in the Petition for Marchman Act. 

After filing the Marchman Petition, you will wait and see If the Circuit Court enters an ex parte order for voluntary assessment and an order to appoint counsel for respondent. Then you will be notified of the Marchman hearing. At the hearing, you will explain to the judge why your loved one needs inpatient substance abuse treatment. Prior to the hearing, an assessment will occur by a mental health counselor or social worker, and they will issue an assessment report. 

At the hearing, you must testify to the court as to why your loved one needs inpatient treatment. Then you must call the mental health counselor or social worker and question them as to their assessment and recommendations. It is crucial that the mental health counselor or social worker testify for you to obtain inpatient treatment of your loved one. 

If you have more questions regarding a Substance Abuse and/or Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and arrange 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.