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Tuesday, June 25, 2024

Marchman Act

Marchman Act (Adult)

A Marchman Act Petition is a civil procedure that allows a spouse, relative, legal guardian, friend, sheriff, or treatment center representative who is concerned about a person's behavior to petition the court and seek help for an individual suspected of having a substance abuse problem. The Marchman Act provides the means for an individual in need of substance abuse services (assessment and/or treatment) to receive emergency services and temporary placement for evaluation while treatment modality is explored on either on a voluntary or involuntary basis.

Marchman cases, whether adult or juvenile, are heard by a General Magistrates. General Magistrates are judicial officers with limited authority to administer and enforce the law. Although the intent of the Marchman Petition is to seek and obtain services for substance use, under the Marchman Act if the individual refuses to comply with the court order the individual can be held in contempt, which may include being held in detention facility. Marchman act cases are not criminal proceedings.

For information on how to file a Marchman act case, form pleadings, and contact information please see the resources below.

*If you are seeking substance abuse services for a Juvenile (under 18) please visit the Unified Childrens Court web page here.

Resources

Marchman Instructions Packet - READ THIS FIRST

This packet is your guide to the Marchman act. It has detailed instruction on how to fill out and file the Marchman petitions petition- along with answers to frequently asked questions.

Paquete de Instrucciones Marchman - LEA ESTO PRIMERO

Este paquete es su guía para la ley Marchman. Contiene instrucciones detalladas de cómo llenar y presentar peticiones Marchman además de respuestas a preguntas frecuentes.

Enstriksyon pou Lalwa Marchman / KÓMANSE AN PREMYE PA LI SAK AP SUIV LA

Ansanm enfómasyon sa yo se yon gid pou lwa Marchman nan. Li bay detay sou kouman pou ranpli yon aplikasyon ak prezante you petisyon pou lwa Marchman nan avék repons sou kesyon ke souvan yo konn mande.

Petition for Involuntary Assessment and Stabilization

This is the first petition that must be filed to begin the Marchman Act procedure. Please refer to the Marchman Instructions Packet above for instructions.

Petition for Involuntary Services - Treatment

This is the second petition that must be filed after an individual has been assessed to move them into a treatment program. Please refer to the Marchman Instructions Packet above for instructions.

Notice of Related cases

This notice must be filled out and filed along with both the Petition for Involuntary Assessment and Stabilization and the Petition for Involuntary Services. In it you must notify the court of any other court cases you are aware of involving the respondent or yourself.

Marchman Contact Sheet

This sheet contains contact information for the court, clerk of court, and Marchman assessment and treatment providers.

Marchman Contempt Hearing Request

If you believe that an individual who has been ordered to receive treatment is violating their treatment order (using drugs or alcohol, failing to attend treatment etc.) this form can be used to request a contempt hearing before the Magistrate. This form must be filed with the clerk of court in the same manner as the petitions above.

Further assistance

If you have read the materials above and have further questions regarding the Marchman act you may

  1. refer to the resource center here.
  2. For questions about how to file your pleadings or schedule a hearing, contact the clerk of court Mental health section at (305) 349-7475.
  3. Send your questions by email Marchmaninfo@Jud11.flcourts.org (please allow 2-3 business days for a response).
  4. For additional hearing information for Adult Marchman cases please visit the General Magistrate's page here.
  5. For additional hearing information for Juvenile Marchman cases please visit the General Magistrate's page here.
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