The Hal S. Marchman Act of 1993
Chapter 397 of the Florida Statutes
Presented By:Bennett Burbank, LCSW, CAP
Marchman Act Liaison
Broward Addictions Recovery Services
BARC Mills — Admissions
954-357-4827
Objectives
1. Understand the Intent and Scope of the Marchman Act.
2. Become Familiar With the Procedures Involved in Successfully Pursuing a Civil Commitment.
3. Be Able to Communicate This Knowledge to the Community.
4. Understand the Responsibilities of Challenges if it receives a Marchman-Acted client.
An Exceptionally Brief History
The drunk tank.
The Myers-Madan Acts.
The Statute
(Item 1)
The Criteria
• The person is substance abuse impaired.
Criteria (Con’t)
• As a result of such impairment, he or she has lost the power of self-control with respect to substance use, and either:
Criteria (Con’t)
• Has inflicted, or is likely to inflict, physical harm on him/herself or other unless admitted,
or
Criteria (Con’t)
• His / her judgment is so impaired that he / she is incapable of appreciating his / her need for care and of making a rational decision regarding the need for care.
Criteria (Con’t)
• Has refused to submit to voluntary care.
Criteria for Marchman Act (in summation)
• The person is substance abuse impaired.• They have lost the power of self-control
with respect to substance use, and either:• Has inflicted, or is likely to inflict, physical
harm on themselves or others, or• He/she cannot appreciate his/her need for
care.• Has refused to submit to voluntary care.
The Procedures
• There are two forms of Marchman Act procedures: Court-involved and Non-court involved.
• Court-involved admissions require petitioning the court.
• Non-court involved admissions require the involvement of either an LEO or an admitting physician.
Non-court Admissions
• Emergency admissions
• Protective custody
Emergency admissions (non-court)
Chapter 397 provides for emergency non-court involved admissions if the
person is deemed by:
• a family member
• a spouse or guardian
• a physician
to meet the criteria for a Marchman Act.
Emergency admissions
• Ct. must be assessed by physician within 72 hours of admission.
• Physician’s certificate (Item 2) must state that person has been assessed within 5 days of application date by a qualified professional.
Protective custody (non-court)
• An LEO is authorized by the statute to take into “protective custody” a person who meets the criteria for a Marchman Act.
• Either the person is brought to the attention of the LEO through family members or is in a public place.
• This custody can either be voluntary or involuntary.
Involuntary protective custody
• The person is to be brought to a licensed hospital, detoxification unit or ARF.
• They are to be held for no longer than 72 hours.
• (Item 3)
Involuntary protective custody
• Alternatively, the person can be detained “for their own protection” in jail.
Involuntary protective custody
• The LEO must notify a licensed provider within the first 8 hours that the person has been detained, and the detention facility must arrange transport.
• The nearest relative of the person must be notified, unless they are an adult and wish that the family not be notified.
Protective custody does not happen in reality.
Court involved admissions
• A court involved admission begins with the filing of a Petition for Assessment and Stabilization. (Item 4)
• This is done in Room 250 (Mental Health Probate) of the County Courthouse.
Court involved admissions
Persons who can file a Petition for Assessment and Stabilization are:
• One family member (a divorced spouse does not count, nor does a domestic or long-term partner; a separated but married one one does.)
• Three adults who have knowledge.
Court involved admissions
• A hearing will be held within 10 working days.
• In Broward County, they are held in room 200 at 9:00 every Tuesday.
• At the hearing, the petitioner will be asked to defend the contents of their petition.
• This evidence must be direct, not hearsay, and must pertain to recent substance abuse.
Court-involved admissions
• Classic examples of inadmissible evidence:
Hearsay
1. “His friends have told me that he’s using drugs.”
2. “She tested positive.”
3. “His doctor informed me that he needed treatment.”
Not specific to substance use
1. “She comes home really late.”
2. “He gets angry for no reason.”
3. “He won’t go to school.”
4. “She can’t hold a job.”
5. “She’s not the same person I knew before.”
Not recent enough
1. “We had a problem last year with his alcohol use.”
2. “She was in treatment three years ago and left AMA.”
If at Once You Don’t Succeed. . .
The petitioner may re-petition as many times as needed.
And if the criteria are met . . .
Congratulations, You’ve Been Marchman-acted!
Now what?
Assessment and Stabilization
• The person must present themselves to a licensed Marchman-Act receiving facility within 24 hours. Failing this, BSO will pick-up (in unmarked car) within 72 hours.
• The person must remain at the facility for up to 5 days for detoxification (if needed).
• (Item 5)
Assessment and Stabilization
• If detoxification is not needed, then the person must be assessed and referred to a clinically appropriate, least-restrictive level of care for up to 5 days.
Show Cause
• If the client fails to satisfy their order for any reason, the receiving agency must file an Affidavit in Support of Rule to Show Cause. (Item 6)
• The affidavit must be notarized and filed in room 250. A hearing will be held within 10 days.
Show Cause
Typical Show cause situations:
2. The person left detox prior to discharge.
3. The person was brought by BSO, but left before they could be assessed.
4. The person was discharged unfavorably due to compliance issues.
• A person who has violated their order has the right to explain to the General Master why they should not be held in “indirect criminal contempt of court” and be sentenced for up to 90 days in jail.
Show Cause
Ouch !!
Show Cause
Is that all?
• Yes, that is all that is called for under an order for involuntary assessment and stabilization. After five days, the client has satisfied their court-order. However . . .
Petitioning for Treatment
• Once a person has been assessed pursuant to a Marchman-Act, they can be ordered into treatment. Criteria for treatment are the same.
• The petition must be filed within 12 days of their court-ordered assessment. (Item 7)
• Unlike an Assessment and Stabilization, a facility can (and should) file this petition
• Relevant evidence would involve statements made to the intake counselor or liaison, behavior upon discharge, and compliance with / attendance at referral.
Petitioning for Treatment
The Process in a Nutshell (Item 8)
Family member or f riend w ho is out ofcontrol w ith respec t to their use of
drugs and / or alcohol
Level ofcris is
Critical Severe
Court involved adm is s ionN o n-co u rt in vo lved a d m is s io n
(P ro te ctive cu s tod y)
Flow chart for Marchman ActProcess
Petition forA ssessment andStabilization f iled
at the Countycourthouse, room
250
10w ork-
ingdays
H e a rin gReset
Person either brings self or is brought by BSO to the nearest receiv ing facility
A ssessment (andstabilization if
needed)
Referral
Refuses treatmentor show s non-compliance in
treatment
Fails to remain onpremises or
otherw ise doesnot comply w ithstabilization and
assessmentprocess
Petition fortreatment
A f f idavit toShow Cause
Client admits themselvesvoluntarily f or treatment
Client is taken intocus tody
Detox
Jail
Person isassessed and
stabilized for nomore than 72
hours
Person is held f or nolonger than 8 hours
until a bed at a detoxfacility becomes
available
No need forcare
Dismissed
Client enters and completesepisode of care
Non-compliant
Non-compliant
Compliant
Approved
Referral
Same ascourt-
involvedprocess
Police assess
A t th is point, the person has satisfied their court order
This must be f iled w ithin 12days
of court-ordered assessment !
Frequently Asked Questions From Family Members
1. “Does the person have to be at their hearing?”
2. “What if BSO can’t find them?”
3. “Can I get a copy of their assessment?”
4. “Does this go on their record?”
5. “Will they really get help?”
6. “Is this the right thing to do?”
Frequently Asked Questions From the Agency
1. “Do we have to take this guy?”2. “I’ve told her that she needs to go into
treatment, but she’s refusing. Does she have to go?”
3. “How do we address their housing /psychiatric needs?”
4. “What is a ‘qualified professional’?” (Item 9)
Top Related