Here we outline how the ARLS Florida Marchman Act Attorneys assist you. Whether you are a provider or an interventionist, we work with you to achieve our client’s goal of getting their loved one assessed, stabilized, and into continuous treatment.
Our first course of action is a strategic plan to take control. Each plan is developed to achieve the ultimate goal of our client to have their loved one admitted to your facility or program. No two cases are ever alike. With proper strategic planning with families and providers, as well as incorporating and properly utilizing the power of the legal system, the goal of admission can be quickly realized. See our Strategic Planning page for more details.
Admission for Assessment and Stabilization
Depending on the factual circumstances, admission for assessment and stabilization (detox) can be completed within 24-72 hours (if an emergency) or within one week if non-emergency. We utilize not only the Marchman Act itself but also the Florida Rules of Civil Procedure and the court’s contempt power to achieve admission in an efficient time and manner.
Once the respondent/patient is admitted for assessment and stabilization, ARLS will begin to take the next step in the Marchman Act process by scheduling a hearing on our request for treatment, based on the clinician’s recommendation. ARLS will subpoena all necessary witnesses needed to prove the Petition for treatment. The court will review this petition, hear all evidence (as well as the treatment recommendation by the clinician), and decide whether to order the Patient/Respondent to comply with the recommendation.
When the court orders treatment, the order will be in place for a period of up to ninety (90) days. If the Patient/Respondent voluntarily enters treatment prior to the treatment petition being granted, and is voluntarily expressing their desire to proceed, ARLS will schedule a status of the case for the Patient/Respondent to appear before the court within 2-3 weeks. Should the Patient/Respondent still be compliant with treatment, yet another status will be requested. In essence, even though a treatment order has not been executed, the Patient/Respondent will recognize that the possibility of said order being executed still exists.
SEE THE OBTAINING ORDERS WHILE IN CARE PAGE for more detail.
Monitor Patient Progress
During the treatment period, ARLS will monitor the Patient/Respondent and bring him/her before the court as many times as necessary to force compliance with the treatment recommendations during the initial ninety (90) day period. Should the Patient/Respondent still meet Marchman Act criteria based on your medical professional’s recommendation, an extension can be filed for up to an additional 90 days. Neither the court, ARLS, the respondent, nor the petitioner can dictate the level of care. It is our job to enforce the court order so that the Patient/Respondent receives the treatment they need as recommended by you the provider.
Our goal is to utilize the law in such a way as to give you and your staff the maximum possibility for success. During the treatment period, we always defer to the recommendation of your staff. We explain to our clients that treatment can only be determined by your medical professionals. The court can only order compliance. You determine what must be complied with. Our goal is to keep the reality of court intervention and its consequences alive as long as is necessary until the patient recognizes their need for care.
Contact Us to Request your Free ‘Provider Info Packet’: 877.35ABUSE
The Broward County Bar Association interviewed Attorney Alan Levine for their radio program, Legal News & Review. To hear this discussion about the Florida Marchman Act Law and process, Click this link.