The Hal S. Marchman Act of 1993

Chapter 397 of the Florida Statutes

Presented By:Bennett Burbank, LCSW, CAP

Marchman Act Liaison

Broward Addictions Recovery Services

BARC Mills — Admissions

954-357-4827

Objectives

1. Understand the Intent and Scope of the Marchman Act.

2. Become Familiar With the Procedures Involved in Successfully Pursuing a Civil Commitment.

3. Be Able to Communicate This Knowledge to the Community.

4. Understand the Responsibilities of Challenges if it receives a Marchman-Acted client.

An Exceptionally Brief History

The drunk tank.

The Myers-Madan Acts.

The Statute

(Item 1)

The Criteria

• The person is substance abuse impaired.

Criteria (Con’t)

• As a result of such impairment, he or she has lost the power of self-control with respect to substance use, and either:

Criteria (Con’t)

• Has inflicted, or is likely to inflict, physical harm on him/herself or other unless admitted,

or

Criteria (Con’t)

• His / her judgment is so impaired that he / she is incapable of appreciating his / her need for care and of making a rational decision regarding the need for care.

Criteria (Con’t)

• Has refused to submit to voluntary care.

Criteria for Marchman Act (in summation)

• The person is substance abuse impaired.• They have lost the power of self-control

with respect to substance use, and either:• Has inflicted, or is likely to inflict, physical

harm on themselves or others, or• He/she cannot appreciate his/her need for

care.• Has refused to submit to voluntary care.

The Procedures

• There are two forms of Marchman Act procedures: Court-involved and Non-court involved.

• Court-involved admissions require petitioning the court.

• Non-court involved admissions require the involvement of either an LEO or an admitting physician.

Non-court Admissions

• Emergency admissions

• Protective custody

Emergency admissions (non-court)

Chapter 397 provides for emergency non-court involved admissions if the

person is deemed by:

• a family member

• a spouse or guardian

• a physician

to meet the criteria for a Marchman Act.

Emergency admissions

• Ct. must be assessed by physician within 72 hours of admission.

• Physician’s certificate (Item 2) must state that person has been assessed within 5 days of application date by a qualified professional.

Protective custody (non-court)

• An LEO is authorized by the statute to take into “protective custody” a person who meets the criteria for a Marchman Act.

• Either the person is brought to the attention of the LEO through family members or is in a public place.

• This custody can either be voluntary or involuntary.

Involuntary protective custody

• The person is to be brought to a licensed hospital, detoxification unit or ARF.

• They are to be held for no longer than 72 hours.

• (Item 3)

Involuntary protective custody

• Alternatively, the person can be detained “for their own protection” in jail.

Involuntary protective custody

• The LEO must notify a licensed provider within the first 8 hours that the person has been detained, and the detention facility must arrange transport.

• The nearest relative of the person must be notified, unless they are an adult and wish that the family not be notified.

Protective custody does not happen in reality.

Court involved admissions

• A court involved admission begins with the filing of a Petition for Assessment and Stabilization. (Item 4)

• This is done in Room 250 (Mental Health Probate) of the County Courthouse.

Court involved admissions

Persons who can file a Petition for Assessment and Stabilization are:

• One family member (a divorced spouse does not count, nor does a domestic or long-term partner; a separated but married one one does.)

• Three adults who have knowledge.

Court involved admissions

• A hearing will be held within 10 working days.

• In Broward County, they are held in room 200 at 9:00 every Tuesday.

• At the hearing, the petitioner will be asked to defend the contents of their petition.

• This evidence must be direct, not hearsay, and must pertain to recent substance abuse.

Court-involved admissions

• Classic examples of inadmissible evidence:

Hearsay

1. “His friends have told me that he’s using drugs.”

2. “She tested positive.”

3. “His doctor informed me that he needed treatment.”

Not specific to substance use

1. “She comes home really late.”

2. “He gets angry for no reason.”

3. “He won’t go to school.”

4. “She can’t hold a job.”

5. “She’s not the same person I knew before.”

Not recent enough

1. “We had a problem last year with his alcohol use.”

2. “She was in treatment three years ago and left AMA.”

If at Once You Don’t Succeed. . .

The petitioner may re-petition as many times as needed.

And if the criteria are met . . .

Congratulations, You’ve Been Marchman-acted!

Now what?

Assessment and Stabilization

• The person must present themselves to a licensed Marchman-Act receiving facility within 24 hours. Failing this, BSO will pick-up (in unmarked car) within 72 hours.

• The person must remain at the facility for up to 5 days for detoxification (if needed).

• (Item 5)

Assessment and Stabilization

• If detoxification is not needed, then the person must be assessed and referred to a clinically appropriate, least-restrictive level of care for up to 5 days.

Show Cause

• If the client fails to satisfy their order for any reason, the receiving agency must file an Affidavit in Support of Rule to Show Cause. (Item 6)

• The affidavit must be notarized and filed in room 250. A hearing will be held within 10 days.

Show Cause

Typical Show cause situations:

2. The person left detox prior to discharge.

3. The person was brought by BSO, but left before they could be assessed.

4. The person was discharged unfavorably due to compliance issues.

• A person who has violated their order has the right to explain to the General Master why they should not be held in “indirect criminal contempt of court” and be sentenced for up to 90 days in jail.

Show Cause

Ouch !!

Show Cause

Is that all?

• Yes, that is all that is called for under an order for involuntary assessment and stabilization. After five days, the client has satisfied their court-order. However . . .

Petitioning for Treatment

• Once a person has been assessed pursuant to a Marchman-Act, they can be ordered into treatment. Criteria for treatment are the same.

• The petition must be filed within 12 days of their court-ordered assessment. (Item 7)

• Unlike an Assessment and Stabilization, a facility can (and should) file this petition

• Relevant evidence would involve statements made to the intake counselor or liaison, behavior upon discharge, and compliance with / attendance at referral.

Petitioning for Treatment

The Process in a Nutshell (Item 8)

Family member or f riend w ho is out ofcontrol w ith respec t to their use of

drugs and / or alcohol

Level ofcris is

Critical Severe

Court involved adm is s ionN o n-co u rt in vo lved a d m is s io n

(P ro te ctive cu s tod y)

Flow chart for Marchman ActProcess

Petition forA ssessment andStabilization f iled

at the Countycourthouse, room

250

10w ork-

ingdays

H e a rin gReset

Person either brings self or is brought by BSO to the nearest receiv ing facility

A ssessment (andstabilization if

needed)

Referral

Refuses treatmentor show s non-compliance in

treatment

Fails to remain onpremises or

otherw ise doesnot comply w ithstabilization and

assessmentprocess

Petition fortreatment

A f f idavit toShow Cause

Client admits themselvesvoluntarily f or treatment

Client is taken intocus tody

Detox

Jail

Person isassessed and

stabilized for nomore than 72

hours

Person is held f or nolonger than 8 hours

until a bed at a detoxfacility becomes

available

No need forcare

Dismissed

Client enters and completesepisode of care

Non-compliant

Non-compliant

Compliant

Approved

Referral

Same ascourt-

involvedprocess

Police assess

A t th is point, the person has satisfied their court order

This must be f iled w ithin 12days

of court-ordered assessment !

Frequently Asked Questions From Family Members

1. “Does the person have to be at their hearing?”

2. “What if BSO can’t find them?”

3. “Can I get a copy of their assessment?”

4. “Does this go on their record?”

5. “Will they really get help?”

6. “Is this the right thing to do?”

Frequently Asked Questions From the Agency

1. “Do we have to take this guy?”2. “I’ve told her that she needs to go into

treatment, but she’s refusing. Does she have to go?”

3. “How do we address their housing /psychiatric needs?”

4. “What is a ‘qualified professional’?” (Item 9)