Common Questions about the Marchman Act

Click here to download the Marchman Act Law Brochure.

Over the years we have found the best way to provide the highest level of service and commitment is to implement a flat fee. This allows us the ability to concentrate on achieving our client’s goal of seeing their loved one getting the help they need. We develop a strategic plan to take control and monitor treatment progress regardless of how many times we go to court or how long it takes. We provide immediate direct access to staff and Mr. Levine without delay and as often as needed. Unlike other firms we handle everything from beginning to end including status, extension and contempt proceedings.

The Marchman Act is a civil procedure (not criminal). Basically, if litigated correctly, it will place a consequence upon the Respondent for their failure to comply with treatment recommendations. The Consequence is potential incarceration until they are willing to comply. We litigate the matter and at times must utilize the courts contempt powers to obtain control and refocus the Respondent. We educate the Respondent at the outset of their responsibility to be compliant with the court order. Also, make every effort to make the proceeding as non-adversarial as possible. Each case is unique and typically very fluid. We spend a significant amount of time working with our clients, interventionists and the medical teams to keep the Respondent focused on treatment. Always remember – you are in complete control of the litigation.

ARLS begins the Marchman Act process by filing a Petition for Involuntary Treatment Services. Once filed, the court will review the petition. If an emergency is alleged, and the petition contains sworn facts supporting the contention of an emergency, the court, based solely on the contents of the petition (done ex parte – no hearing required) can enter an order for the Respondent to be picked up by law enforcement and taken to a designated provider for assessment and stabilization (detox). If the court finds there is no emergency to act on the court will direct the matter be scheduled for hearing within 10 days. It is at this hearing that the court will hear evidence and decide (by clear and convincing evidence) if a long term 90-day order directing the Respondent to comply with treatment be entered.

The determination of whether there will be a hearing or an initial ex parte review by the court is a strategic decision made between the client and Attorney Alan Levine. The Respondent may be court ordered to immediately go to a facility that has been pre-determined for assessment/stabilization/detox and/or be picked up by law enforcement and delivered by them to the nearest facility as ordered by the court.

Following assessment/stabilization/detox, the treatment providers will render their assessment and make a recommendation for treatment to the court. The client must understand that ARLS and the court officials cannot dictate the level of care and have no influence on the level of treatment or type of treatment the Respondent will receive. The trained professionals base their treatment recommendation and the level of care on the Respondent’s medical needs.

When the court ultimately orders treatment, the order will be in place for a maximum period of ninety (90) days (it can be extended if warranted for an additional 90 days). When the Respondent enters treatment ARLS will request to schedule status of the case for the Respondent to appear before the Court initially weekly and eventually every 2-4 weeks. Should the Respondent still be compliant with treatment at that time another status can be requested and scheduled. After the order has been entered and the Respondent becomes non-compliant in any way, ARLS will file a Motion for Contempt for violating the court order and bring the Respondent before the Judge and seek sanctions. Generally, if this occurs, the judge will have a hearing, and if proven, give the Respondent one more opportunity to return to treatment and comply with the court order to avoid incarceration. Should the Respondent yet again fail to comply with the court order they will be found in civil contempt and possibly incarcerated until they are ready to return to treatment. It is important to note, serving time for contempt does not invalidate the existence or duration of the original order for treatment. The Respondent must continue treatment pursuant to the original order after being released from custody.

The client must further understand that although the Respondent is recommended at one level of care during the assessment the clinicians may increase or decrease the level of care at any time. Often, a Respondent, based on their participation (or lack thereof) may start at one level of care, but subsequently, need a higher or lower level of care based upon their participation in the treatment process – this is not uncommon and should be expected. ARLS will monitor the Respondent and bring the Respondent before the court as many times as necessary to force the Respondent to comply with the treatment recommendations during the ninety (90) day period. Prior to the end of the 90-day treatment period, should the Respondent still meet Marchman Act criteria, based on a medical professional’s recommendation, an extension can be filed for up to an additional ninety (90) days. Although ARLS and the court cannot dictate the level of care, they are able to enforce the court order so that the Respondent receives the treatment they need during the court-ordered period. Sobriety is ALWAYS a condition of a Marchman Act Order.

All proceedings pursuant to Florida Statute 397 – the Marchman Act – is deemed confidential and not a matter of public record. The confidentiality of the entire matter is required pursuant to the Statute.

In regard to Marchman Act medical records and treatment records, Federal HIPAA Law and the rules of confidentiality are very strict and can be frustrating for the client when the Respondent refuses to sign an “Authorization for Release of Information”. The client will also undoubtedly be frustrated when a treatment facility is unable to answer questions regarding the Respondent’s treatment due to consent not being signed. To ensure continued enforcement, ARLS will request the court order the treatment provider to testify in support of any necessary motions or petitions pending before the court.

Note: Although the treatment facility cannot disclose information without a release of information or court order, this does not stop ARLS from returning to court if the client observes that the Respondent is failing to comply with treatment, suspects that this is the case, or, has knowledge that the Respondent has relapsed.

The law provides time frames that the court system needs to adhere to upon filing. Within ten (10) days of the filing of a Marchman Act petition, a hearing must be held or a decision be made ex-parte. ARLS will do everything in our power to expedite all hearings. It is important for the Client to understand that ARLS has no control over the clerk or court system. Every county procedure is different. ARLS will work diligently with each court system to ensure that the law is followed in its entirety and expedited for the Client and Respondent’s benefit.

The Respondent, by statute, has the right to an attorney at every stage of the proceedings. A court-appointed attorney will be available to the Respondent if they are unable to obtain counsel due to financial reasons. The Respondent does have the right to hire a private attorney.

Yes. The Marchman Act can be filed as many times as necessary. However, ARLS is required by law to begin a new process for each filing. Fees and services would be incurred for any new proceeding in the future if warranted.

ARLS has your best interests in mind and our office works as a team to make sure the process runs smoothly for everyone. Your calls are extremely important. We do appreciate your understanding when we are not able to take your call immediately. Your call will be returned as soon as possible. All clients are provided with a direct avenue to reach their specific attorney by telephone 24 hours a day, 7 days a week. ARLS recognizes that Client communication is an important element to the success of each and every case.

The attorneys at ARLS have lectured to and try to educate and work with many hospitals, doctors, substance abuse professionals, and treatment providers. However, ARLS has no formal financial relationship with any substance abuse providers. We represent you – The Client.