Per Chapter 397 of the Florida Statutes, the Marchman Act provides for a process to obtain an ex-parte order for the involuntary assessment and stabilization of a person abusing or addicted to drugs or alcohol when the respondent has refused to voluntarily receive care.
If the respondent (the person needing the care) 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 (This person is referred to as the petitioner).
Note: Ex-parte proceedings are not appropriate when the person is already in the custody of law enforcement and can be evaluated by trained personnel.
There is no filing fee.
Marchman Act Injunction Packets are available in the Injunction Office of the Citrus County Courthouse
- What is the Marchman Act?
Chapter 397 of the Florida Statutes is know as the, Hal S Marchman Alcohol and Other Drug Services Act of 1993. It provides for the involuntary or voluntary assessment and stabilization of a person allegedly abusing substances like drugs or alcohol, and provides for treatment of substance abuse.
- What is a voluntary Marchman Act admission?
A voluntary admission occurs when a person seeks treatment for substance abuse and applies to a service provider to receive such treatment.
- What is an involuntary admission for assessment and stabilization?
- An involuntary admission occurs when there is good faith reason to believe the person is substance abuse impaired, and because of such impairment, the person has lost the power of self control with respect to substance use. - Has inflicted or attempted/threatened to inflict, or, unless admitted for treatment, is likely to inflict, physical harm to him/herself or another. - The person's judgment has been so impaired because of substance abuse that he/she is incapable of appreciating the need for substance abuse services and to make a rational decision regarding substance abuse services.