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 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 may be filed by a parent, legal guardian, or licensed service provider.

Hearings

This is a two-step process. Upon the filing of the Petition for Involuntary Assessment and Stabilization, the Court will direct the Clerk to either set the matter for hearing, issue an Ex-Parte Pick-Up Order to have the Respondent assessed and stabilized without a hearing, or deny the petition based on the petition not meeting the requirements under the Marchman Act.

The respondent will be served a copy of the petition and assessment report. Then, the Court will conduct a hearing – typically within two weeks. At this hearing, the Respondent has the right to ask for legal representation and continue the hearing for witnesses to testify. If, after the hearing, the judge determines that treatment is appropriate or the Respondent has agreed to go to treatment, the Court will enter an order based upon the recommendation of the assessor.

Requirements To File

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

The Assessment/Treatment

After the Respondent is assessed, the Petitioner will be contacted by the service provider to pick up the assessment report. The report must be brought to the Clerk’s Office within 5 days from the date of the assessment report then filed with the Court along with a completed Petition for Involuntary Treatment.