Marchman Act Requirements & Criteria in Florida

Marchman Act Requirements: Who Qualifies in Floridafloridarehab.net

Under Florida Statutes s. 397.675, a person can be involuntarily admitted under the Marchman Act if there is a good-faith reason to believe they are substance abuse impaired, have lost self-control over their use, and either can't make a rational decision about needing care or are likely to suffer or cause serious harm without it.

Part one: substance abuse impairment and loss of control

The person must be substance abuse impaired, or have a substance use disorder along with a co-occurring mental health disorder. Impairment means a substance use disorder, or use of alcohol, illicit or prescription drugs or other mood-altering substances that causes mental, emotional or physical problems or socially dysfunctional behavior. Because of that impairment, they must have lost the power of self-control over their substance use.

Part two: one of these must also be true

Impaired judgment about care. The person needs services, but the impairment keeps them from understanding that need or making a rational decision about it.
Risk of serious harm. Without care, the person is likely to neglect themselves or refuse care in a way that poses a real and present threat of substantial harm that family, friends or other services can't reasonably prevent, or there is a substantial likelihood they have harmed, threatened or tried to harm themselves or someone else, or will unless admitted.

What is not enough

Refusing treatment is not, by itself, evidence of impaired judgment. Families need specific facts: overdoses, medical emergencies, dangerous driving, threats, inability to care for basic needs, arrests or repeated failed attempts at treatment.

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Who can be named in a petition

A petition can be filed for someone who reasonably appears to meet the criteria, who was in protective custody or had an emergency admission in the last 10 days, or who was assessed by a qualified professional in the last 30 days.

What the court must find to order treatment

At the hearing, the petitioner must prove by clear and convincing evidence that the person is substance abuse impaired with a history of not following through with treatment, is unlikely to accept services voluntarily or can't decide for themselves, and either faces a real threat of serious harm through self-neglect or is refusing care because of impaired judgment. A clinical assessment is required before a treatment order unless the person waives it in court.

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 Requirements: Who Qualifies in Florida