Marchman Act

What Is The Marchman Act?

The Marchman Act provides for the involuntary or voluntary assessment, stabilization and treatment of a person abusing or addicted to drugs or alcohol. If the Respondent is an adult, a petition for involuntary treatment services may be filed by the Respondent’s spouse or legal guardian, any relative, a licensed service provider, or an adult who has direct personal knowledge of the substance abuse impairment and his or her prior course of assessment and treatment. If the Respondent is a minor, a petition for involuntary treatment services may be filed by a parent, legal guardian, or licensed service provider.

Hearings

Petition filed with an Assessment: The Petition may be filed with a substance abuse assessment, a report, or certificate by a qualified professional that was conducted within 30 days before filing. A hearing will be scheduled within 10 court working days of the filing of the Petition. The assessment should be filed with the Petition, or the Petitioner must make sure the assessment is filed with the court by the facility at least 24 hours before the hearing.

Petition filed without an Assessment: If no assessment was done by a qualified professional prior to filing the Petition, a hearing will be scheduled within 10 court working days of the filing of the Petition. The Petitioner may request an order for assessment and stabilization at the hearing or, if an emergency exists, the Petitioner may request in the petition that an emergency order for assessment and stabilization be executed without a hearing. The Petitioner must state the reasons for the emergency in the Petition. 

Requirements To File

To file a Marchman Act petition with our office, the Respondent/subject must reside in Collier County.

The Assessment/Treatment

The Petitioner is responsible for finding an approved licensed service provider to conduct a clinical assessment that complies with Florida Statute section 397.6957 or to provide appropriate treatment. The Petitioner must confirm with the facility the date and time that it is willing to receive the Respondent for assessment and/or treatment and must arrange for payment. Assessment and Treatment must be paid for by the Petitioner, Respondent, or the Respondent’s family. Each program has their own structured fees. The Florida Legislature has not provided any funds to the Court to assist Respondents or their families with payment for assessment or treatment.

TO FIND A FACILITY: A treatment locater is available on the Substance Abuse and Mental Health Services Administration (SAMHSA) website . Petitioner must contact the facility and confirm it is a Marchman receiving facility.