MARCHMAN ACT (Substance Abuse): An Ex Parte Petition for Involuntary Assessment and Stabilization:

 

The Marchman Act Petition for Involuntary Assessment may be filed when there is good faith reason to believe an individual is substance abuse impaired and because of the impairment, has lost the power of self-control with respect to substance.

 

A Ex Parte Petition for Involuntary Assessment and Stabilization may be filed:

 

When there is reason to believe that a person is substance abuse impaired and:

 

Because of the impairment, he or she has lost the power of self-control with respect to substance use.

The person’s judgment is impaired because of substance abuse and he/she is incapable of appreciating the need for, and is unable to make a rational decision in regards to, substance abuse services.

He or she has either inflicted, attempted or threatened to inflict, or unless admitted, is likely to inflict, physical harm on himself or herself or another.

The petition may only be filed by:

 

The person’s spouse or guardian, any relative of the person, a director of a licensed service provider, a private practitioner, or any three (3) adults who have personal knowledge of the person’s substance abuse impairment.

 

In the case of a minor, only the parents, legal guardian/custodian or licensed service provider can file a petition.

 

You must provide the court with sworn written testimony that meets the criteria set forth by Florida law. By completing the petition, you are requesting the court for an order for the person to be involuntarily transported and examined at a designated mental health facility.

 

There is no filing fee required to file a Petition for Involuntary Assessment and Stabilization.

 

When and where to file a Petition for Involuntary Assessment and Stabilization or Petition for Involuntary Treatment:

 

You may file Petition for Involuntary Assessment and Stabilization on Monday through Friday from 8 AM to 5 PM at offices of the Clerk of the Circuit Court.

 

Additional requirements when filing a petition for involuntary assessment and stabilization:

 

The petitioner must also make arrangements for an available bed in a designated facility prior to submitting the petition for filing.

 

What happens after the petition is filed:

 

The court will review the petition. If the criteria required for involuntary assessment and Stabilization have been met, an Order for Involuntary Assessment and Stabilization will be issued by the Court. The Court may set the case for a hearing, or the Sheriff may be ordered to transport the person to the nearest designated mental health facility. The facility must examine the person within 72 hours to determine the necessity of placement. If the examination by a psychiatrist determines that the person will need to be involuntarily placed for treatment, the facility will petition the court for a hearing within the 72 hours. The Petitioner may file a Petition for Involuntary Treatment of Substance Abuse for the patient.

 

A hearing date is set for the determination of the need for treatment. The assessment results are provided to the Court by the mental health facility as evidence for the hearing, and a summons to appear at the hearing is issued and served on the patient.

 

At the hearing the court will hear all the evidence and determine if the Order for Involuntary Treatment for Substance Abuse is warranted.

 

Additional requirements when filing a Petition for Examination:

 

The petitioner must also make arrangements for an available bed in a designated facility prior to submitting the petition for filing.

 

The person’s whereabouts must be known and the person cannot be in jail.

Crisis Services -- Marchman Act

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Announcements:

  Southeast Florida Behavioral Health Network    140 Intracoastal Pointe Dr. Suite 211 Jupiter, Fl. 33477          561-203-2485