I am concerned that my spouse/child is abusing substances. What can I do?
If you are concerned for your safety, your spouse/child's safety or the safety of those living in your household due to your spouse's/child's substance abuse, please contact your local police immediately.
If your spouse/child meets certain criteria, you may file petitions under the Marchman Act. The Marchman Act is a two-step process. The first step is to file a Petition for Assessment and Stabilization in which the court determines whether your spouse/child should be subject to an order requiring him or her to receive an involuntarily substance abuse assessment.
The second step is to file a Petition for Treatment in which the court determines whether your spouse/child should be subject to an order requiring him or her to receive involuntary substance abuse treatment for up to 90 days.
What is the criteria for filing a Petition for Assessment and Stabilization, the first step in the Marchman Act?
The criteria for a Petition for Assessment and Stabilization is when there is good faith reason to believe an individual is substance-abuse impaired and because of that impairment, has lost the power of self-control with respect to substance use AND:
- Needs substance abuse services and lacks the ability to rationally decide that he or she needs substances abuse services; OR
- Is likely to suffer from neglect that presents a threat of substantial harm to his or her well-being or is likely to threaten to or attempt to inflict physical harm on himself/herself or another person.
What is the criteria for filing a Petition for Treatment, the second step in the Marchman Act?
Before a Petition for Treatment can be filed, a Petition for Assessment and Stabilization must be filed and ruled upon. Please see the criteria for the Petition for Assessment and Stabilization.
If the Petition for Assessment and Stabilization was granted, then a substance abuse facility will assess and stabilize your spouse/child and will send a written assessment to the court. The court relies upon the written assessment to make a decision on the Petition for Assessment and Stabilization.
I want to file a Petition for Assessment and Stabilization or a Petition for Treatment. What steps do I take?
You may hire an attorney to file the Petition for Assessment and Stabilization or Petition for Treatment.
Alternatively, you may go in person to the Miami-Dade Clerk of Courts to complete and file the Petition for Assessment and Stabilization or Petition for Treatment yourself. For adult Marchman cases please see the Miami-Dade Clerk of Courts located at Osvaldo N. Soto Miami-Dade Justice Center, 20 NW 1st Avenue, Miami, FL 33128, 5th Floor, Room 228. For Juvenile Marchman cases please see the Clerk of Court Juvenile Division located at Miami-Dade County Children's Courthouse, 155 NW 3rd Street, 4th Floor, Miami, FL 33128. Form pleadings, instructions and additional information about the Marchman Act are available here:
What happens after I file the Petition for Assessment and Stabilization?
The Petition for Assessment and Stabilization must be set for hearing within 10 days. Notice of hearing is provided by mail to you or given to you by the clerk at the window and emailed to you if you have provided a service email address. You must appear at the hearing. The respondent is served notice of hearing by the Sheriff. A General Magistrate presides at the hearing. The location and time of the hearing will be indicated on the notice of hearing provided to you by the Clerk of Court.
After hearing all relevant testimony, the court may enter an Order for Involuntary Assessment. Unless arrangements have been made for assessment at a private facility, the court order shall direct the Sheriff's Office to take your child/spouse into custody and deliver him/her to a public facility licensed by the Department of Children and Families. The facility will assess and stabilize your child/spouse for a period not to exceed five days. A written assessment is sent to the court. If the written assessment recommends involuntary treatment, you may move onto step two of the Marchman Act and file a Petition for Involuntary Treatment.
For additional hearing information for Adult Marchman cases please visit the General Magistrate's page here.
For additional hearing information for Juvenile Marchman cases please visit the General Magistrate's page here.
What happens after I file the Petition for Treatment?
Before a Petition for Treatment can be filed, a Petition for Assessment and Stabilization must be filed and ruled upon. A Petition for Involuntary treatment may be filed once the written assessment prepared as a result of the Petition for Assessment and Stabilization ruling is completed.
Notice of hearing is provided by mail to you or by email if you have provided a service email address and any attorney on record and you must appear at the hearing. Your spouse/child is once again served notice of hearing by a Sheriff. A General Magistrate presides at the hearing. Location and time of the hearing will be indicated on the notice of hearing provided to you by the Clerk of Court. After taking all relevant testimony, the court may enter an order for involuntary treatment for a period not to exceed 90 days. It may also direct the Sheriff to take your child/spouse into custody and deliver him or her to the licensed facility.
The General Magistrate ordered my child/spouse to treatment and the judge signed an Order of Involuntary Services. What do I do next?
If the judge signed the Order for Involuntary Treatment and directed the Sheriff to take your spouse/child into custody and deliver him/her to the licensed service provider, then the sheriff will take your spouse/child to the licensed service provider immediately.
If the judge signed the Order for Involuntary Treatment and did not direct the Sheriff to take your spouse/child into custody and deliver him/her to the licensed service provider, then you will need to make arrangements to find a licensed facility for your spouse/child. All treatments are coordinated through the South Florida Behavioral Health Network. You may contact them at 305-858-3335 or http://sfbhn.org.
The General Magistrate dismissed my case at the hearing. What do I do next?
The case is closed. You may file another Petition for Assessment and Stabilization or Petition for Involuntary Treatment at another date if your spouse/child meets the criteria in the future.
My child/spouse is nearing the end of his/her 90-day treatment order and needs additional time, what can I do?
The treatment provider may petition the court to extend the treatment order. If you believe the respondent's treatment should be extended, contact the treatment provider to request that they file a Petition for Continued Involuntary Services Under Chapter 397.