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Build a foundation for lasting recovery from addiction

The Marchman Act: Getting Your Loved One the Help They Need

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Are you worried about a loved one struggling with addiction? You’re not alone. In Florida, the Marchman Act could be your lifeline. This powerful legal tool has helped thousands of families intervene and get their loved ones into treatment. In fact, Marchman Act filings increased by 30% in 2022, reflecting the growing addiction crisis. But navigating the process can be overwhelming. That’s where we come in. At Evoke Wellness, we’re experts in guiding families through the Marchman Act and providing comprehensive care. From dual diagnosis treatment to outpatient programs, we’ve got you covered. Let’s explore how the Marchman Act works and how it can help your family find hope and healing.

What is the Marchman Act?

Dealing with a loved one’s substance abuse issue can be an incredibly difficult and emotional experience. You want to help, but often feel powerless.

That’s where the Marchman Act comes in. This Florida law allows family members or friends to petition the court to involuntarily admit someone for emergency substance abuse evaluation and treatment.

When to Use It

The Marchman Act is meant for situations where someone’s drug or alcohol abuse has gotten so out of control that they pose an imminent threat to themselves or others. Some key signs:

  • Inability to satisfy basic needs like food, clothing or shelter
  • Delusional behavior or disturbing the public peace
  • Neglecting children or family members who rely on them

How It Works

  • A relative or friend files a petition with the county court detailing the person’s destructive behavior
  • If approved, law enforcement takes the person into custody for assessment
  • A court hearing is held within 10 days to determine if further treatment is needed

The goal is to provide emergency care and stabilization. From there, longer-term treatment programs like inpatient rehab may be recommended depending on the severity of the addiction.

Getting Them Help

While involuntary commitment is a last resort, the Marchman Act can be a lifeline for those drowning in substance abuse. With the right treatment plan in place, your loved one has a fighting chance at recovery.

Just know you don’t have to go through this alone. Addiction treatment centers like Evoke Wellness are here to guide you through the process and get your family member on the road to sobriety.

Who can file a Petition for Involuntary Assessment and/or Treatment?

When someone is struggling with addiction or mental health issues, the path to recovery isn’t always clear. Sometimes, they need an extra push – that’s where the Marchman Act comes in.

It Starts with Loved Ones

As a concerned family member or friend, you have the power to start the process. You witness the toll substance abuse or mental illness takes on your loved one day in and day out. Filing a Marchman Act petition allows you to take proactive steps towards getting them the professional help they desperately need.

But You’re Not Alone

While family and friends are often the driving force, the list of eligible petitioners expands further. Substance abuse counselors, mental health professionals, law enforcement officers, and even certain public officials can initiate these court proceedings. It’s a community effort to provide a path to recovery.

The Court Steps In

Once a petition gets filed, the court evaluates the situation’s severity. If deemed a risk to themselves or others due to impairment, temporary admission to a treatment facility may be ordered for assessment and stabilization. From there, further treatment recommendations follow based on the individual’s unique needs.

The Marchman Act empowers a wide range of people to be advocates for those unable to make rational decisions about their own well-being. With compassion as the driving force, this powerful tool can steer lives back towards health and hope.

How do I petition the court for an Involuntary Marchman Act Assessment?

It’s a difficult process

Trying to get an involuntary Marchman Act assessment for a loved one battling addiction is never easy. You can’t just show up to court – there are important steps to take first.

Gather evidence

You’ll need solid evidence that your loved one has a substance abuse issue and is impaired to the point of being a harm to themselves or others. Gather documents like medical records, police reports, witness statements, photos or videos showing their impairment.

File a petition

With your evidence compiled, you’ll file a petition for an involuntary assessment at the county courthouse. The petition details why you believe your loved one needs addiction treatment.

Appear before a judge

After filing, a hearing will be scheduled where you’ll need to present your case and evidence before a judge. If approved, law enforcement will take your loved one into custody for an involuntary assessment lasting up to 5 days.

It’s an arduous legal process, but may be the wakeup call needed to get your loved one into effective addiction treatment before it’s too late. Having the right evidence is crucial, so document everything carefully.

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What happens after the petitions are completed and filed with the clerk?

If sufficient grounds exist, the judge will order involuntary assessment and stabilization for 5 days. During this period, treatment professionals evaluate your loved one’s condition.

Potential Treatment Orders

Based on their assessment, the professionals may recommend further court-ordered treatment. The judge would then hold another hearing to review their recommendations.

The overarching goal is to provide the necessary care while adhering to your loved one’s rights. While difficult, this process prioritizes their health and safety when they cannot make sound decisions alone.

What happens after the assessment?

Once the assessment is complete, the next steps depend on the specific situation and recommendations. But generally, here’s what could happen:

Court Proceedings

If the assessment confirms substance abuse issues, the court may order mandatory treatment through the Marchman Act. This could involve:

  • Residential inpatient rehab program – 24/7 monitoring and intensive therapy. Often recommended for severe addiction cases.
  • Intensive outpatient program (IOP) – Part-time treatment with regular counseling and check-ins. A good step-down from inpatient care.
  • Regular outpatient program – Weekly or monthly sessions to maintain sobriety through counseling and support groups.

The court’s orders carry legal weight. Failure to comply could mean jail time or other penalties.

Dual Diagnosis Treatment

Many people struggle with co-occurring mental health disorders like depression or anxiety alongside substance abuse. In these cases, a dual diagnosis treatment program that addresses both issues is crucial.

These integrated programs provide psychiatric care, medication management, and specialized therapy – equipping patients with coping strategies for long-term recovery.

Family Involvement

Addiction impacts the whole family system. Quality treatment centers bring loved ones into the healing process through:

  • Family therapy and education sessions
  • Setting boundaries and repairing relationships
  • Learning how to best support the recovering person

With comprehensive care addressing every aspect, the highest long-term success rates are possible. The goal is total health and lasting sobriety.

Marchman Act Treatment Programs at Evoke Wellness

You care about your loved one’s well-being deeply. That’s why the comprehensive treatment programs at Evoke Wellness offer the ideal path to recovery. Our evidence-based approach addresses substance abuse through the Marchman Act while providing compassionate care.

1.    Dual Diagnosis Treatment

  • Integrated treatment for co-occurring mental health and addiction issues
  • Personalized therapy and counseling tailored to each individual’s needs
  • Medication management for stabilization when needed

 

2.    Residential Treatment Program

  • 24/7 supportive living environment to focus fully on healing
  • Structured daily schedule with group and individual therapy
  • Holistic wellness activities like yoga, art therapy, and mindfulness

 

3.    Intensive Outpatient Program (IOP)

  • Flexible day/evening schedules to accommodate work or school
  • Group therapy and individual counseling several times per week
  • Family program to rebuild trust and communication

 

4.    Outpatient Program

  • Continued counseling and support during transition
  • Relapse prevention planning for long-term sobriety
  • Alumni community events and peer support groups

 

5.    Day Treatment Program

  • Intensive day program with therapeutic activities
  • Coping skills training and life skills development
  • Monitored, sober living environment at night

No matter which level of care is right for your loved one, our dedicated teams provide the guidance, tools, and compassionate setting to achieve lasting recovery.

Marchman Act FAQs

What is the Marchman Act?

The Marchman Act allows for the involuntary treatment of individuals struggling with drug or alcohol addiction. Family members can petition the court to order their loved one into a treatment program – giving them a chance to get sober and turn their life around.

Who can file a Marchman Act?

  • Spouses
  • Blood relatives
  • Guardians
  • State attorneys
  • Certified addiction professionals

The person filing must prove their loved one has lost self-control due to substance abuse and could cause harm to themselves or others if not treated.

How does it work?

An emergency Marchman Act can temporarily commit someone for up to 5 days of evaluation and stabilization. A more permanent court order can then mandate treatment for 60 days or up to 6 months at an addiction treatment center.

Is it effective?

Studies show court-ordered rehab can double a person’s chances of getting and staying sober compared to those who don’t complete treatment. With the right program addressing their specific needs, many regain their health and rebuild their lives.

What types of programs are used?

Common evidence-based treatments include:

  • Dual diagnosis programs for co-occurring mental health issues
  • Residential inpatient rehab
  • Partial hospitalization/day treatment
  • Intensive outpatient programs
  • Outpatient counseling and therapy

The key is finding a customized, long-term continuum of care to support full recovery.

Conclusion

So there you have it – the Marchman Act can be a powerful tool to help your loved one struggling with addiction. With substance abuse cases rising 13% since 2020, more families are turning to this option. Remember, it’s not about punishment, but getting them the care they need. Whether that’s dual diagnosis treatment, a residential program, or outpatient care, the goal is long-term recovery. Don’t be afraid to reach out for help navigating the process. Your loved one’s life may depend on it. Stay strong, stay informed, and know that there is hope. You’ve got this!

Begin Your Journey With Evoke Wellness at Coconut Creek

Evoke Wellness at Coconut Creek is a full-service addiction treatment facility serving Florida residents. We base each of our programs on the individual’s severity of symptoms and use a combination of evidence-based therapies and holistic approaches to address the needs and recovery goals of the patient.

If you or a loved one is struggling, help is available today. Call  (833) 969-3318 to speak with our compassionate team, or reach out online and schedule an appointment to begin a healing journey.