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Marchman Acts Attorneys in Melbourne, FL

Compassionate Representation in Emotionally Challenging Cases

Florida’s Marchman Act, found in Chapter 397, Florida Statutes, provides emergency services and temporary detention for treatment to individuals who need substance abuse services. Services can be administered on a voluntary or involuntary basis. If there is a good-faith reason to believe that a person needs substance abuse treatment but has impaired judgment, the person may be involuntarily admitted to a substance abuse treatment facility.

If you have been involuntarily admitted or if you need help with a loved one you believe is battling substance abuse, the Figueroa Law Group, P.A. can help. We are deeply familiar with the Marchman Act and can help you understand your rights and options under this legislation.

Contact us at (321) 248-1011 for the guidance you need through this difficult situation.

Qualifying for Involuntary Admittance

A qualifying person may be admitted to a hospital or a licensed detoxification facility for involuntary assessment and stabilization for up to five days. They may also be admitted to a less restrictive component of a licensed service provider for assessment.

The court may order a law enforcement officer or other agent of the court to take the person into custody and deliver him or her to the nearest service provider. If the person is an adult, a petition may be filed with no court fee by their spouse, a legal guardian, a relative, a private practitioner, the director of a licensed service provider, or designee or an adult who has direct personal knowledge of the person’s abuse impairment. If the person is a minor, a petition may be filed by a parent, legal guardian, legal custodian, or licensed service provider.

Violent Behavior and the Marchman Act

If you believe a person is substance abuse impaired and is likely to inflict physical harm on himself or others unless admitted, you should call the attorneys at the Figueroa Law Group, P.A. to assist you with this complex process.

If you have been involuntarily admitted and believe that you can make rational decisions for your care, you should also consult with our Marchman Act attorneys in Melbourne, FL, as you have the right to legal representation. You have the right to an attorney at every stage of a proceeding related to involuntary substance abuse treatment.

What Happens after Filing?

Upon filing a Petition for Involuntary Assessment and Stabilization, a court may order – without a hearing – the person’s involuntary assessment and stabilization. Alternatively, the court may provide a date and time to conduct a hearing within 10 days.

A Petition for Court-Ordered Involuntary Treatment may also be filed if the person meets the criteria for involuntary admission and:

  • Has been placed under protective custody within the previous 10 days
  • Has been subject to an emergency admission within the previous 10 days
  • Has been assessed by a qualified professional within 5 days
  • Has been subject to involuntary assessment and stabilization within the previous 12 days
  • Has been subject to alternative involuntary admission within the previous 12 days

In this phase of the proceedings, the court will conduct a hearing on the petition within five days unless a continuance is granted.

When the court finds that the conditions for involuntary services have been proved by clear and convincing evidence, it may order the respondent to receive involuntary services from a publicly funded licensed service provider for up to 90 days. The person can be sent to a privately funded licensed service provider if he/she or a loved one can pay for the treatment.

A person may be ordered to undergo involuntary inpatient treatment for a mental illness if certain criteria are met. He or she can be placed in a treatment facility if they have been recommended by the administrator who examined them. This recommendation must be supported by a psychiatrist and a clinical psychologist. A court will conduct a hearing within five days.

Seek Guidance from the Figueroa Law Group, P.A.

The process of admitting a loved one or disputing your own admittance under the Marchman Act can be incredibly complex and expensive. It is in your best interest to retain a Marchman Act attorney in Melbourne, FL who understands the processes and each party’s rights under the Act. Do not hesitate to consult with us about your case as soon as possible.

Call (321) 248-1011 now to get started.

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