Marchman Act Protective Custody & Emergency Admission

Marchman Act Protective Custody and Emergency Admissionfloridarehab.net

Besides a court petition, the Marchman Act allows two faster routes: protective custody by law enforcement, and emergency admission based on a professional's certificate. Both lead to an assessment within 72 hours.

Protective custody

A law enforcement officer can take an adult or minor who appears to meet the Marchman Act criteria into protective custody when the person is brought to police attention or is in a public place. An officer can take a person who refuses help to a hospital or a licensed detoxification or addictions receiving facility. For adults only, the officer may instead hold the person in a municipal or county jail or other detention facility for their own protection. That is not an arrest, and no arrest record or charge can be made. Minors cannot be held in jail. The jail must notify the nearest appropriate licensed provider within the first 8 hours.

Emergency admission

Emergency admission lets a person who meets the criteria be admitted to a hospital, licensed detox facility or addictions receiving facility for emergency assessment and stabilization. It requires a certificate from a qualified professional, such as a physician, psychologist, clinical social worker, mental health counselor or master's-level certified addictions professional, plus an application. For an adult, the application can come from a professional, the person's spouse or guardian, any relative or another responsible adult with personal knowledge. For a minor, it can come from a parent, guardian or legal custodian.

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What happens next

The person must be assessed by the attending physician within 72 hours (5 days in a nonresidential program after an emergency admission). They are then released, stay voluntarily, or are held only if a petition for involuntary treatment services is filed in time.

Each county handles filing a little differently. Find your county's clerk, filing location and nearby detox programs on our Marchman Act by county page.

This guide is general information about Florida law, not legal advice. Laws and local procedures change; check with your county clerk or an attorney before filing.

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Marchman Act Protective Custody and Emergency Admission

Protective custody

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What happens next

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