When you dearly love a person who is battling alcoholism or drug addiction, it is often familiar to wonder if you could invariably have your loved one committed to an inpatient rehab program. Frequently, those who love the person fighting addiction ordinarily see the specific need for inpatient rehab before he or she sees it. Many states possess laws that directly address this topic.
Florida is among the states where you can have your loved one committed to an inpatient drug rehabilitation involuntarily. The laws that may help you in accomplishing this goal include:
– The Emergency Examination and Treatment of Incapacitated Person’s Act
– The Florida Mental Health Act
– The Florida Marchman Act
A collective goal of using the Emergency Examination and Treatment of Incapacitated Person’s Act is to force a loved one into a detox program or alcohol and drug detoxification. When using the Florida Mental Health Act, the loved one must possess an underlying mental condition. In most cases, people use the Florida Marchman Act to legally force a loved one into inpatient drug and alcohol programs.
What is the Florida Marchman Act?
The Florida Marchman Act is in place to support families in involuntary commitment to an assessment, detoxification, and/or inpatient drug and alcohol programs when they are unwilling to do it for themselves. The act permits families to petition the court to assess the person, and then order detox or other drug and alcohol-related programs. The person in question does not have to be a Florida resident to have this act invoked on them, just must be present in Florida at the time the petition is filed. Additionally, while an attorney is not always necessary, appropriate assistance with the process is found to be greatly beneficial because the most innocent mistake may cause the case to be thrown out of court.
What is Necessary in Order to Invoke the Act?
To invoke the Florida Marchman Act, it is necessary for three different people with direct knowledge of the person’s substance or alcohol abuse to petition the court. It is vital to be able to demonstrate to the court that the loved one has lost self-control due to their drug or alcohol abuse. Because some people do not associate with their blood family, and not everyone is married, the three familiar people can be anyone who possesses the necessary knowledge and concern for the person to be assessed.
After Filing a Petition, how does the Process Work?
To invoke the act, a Petition for Involuntary Assessment and Stabilization must first be filed and a hearing set. You are basically telling the judge you want to have your loved one assessed, and their behavior stabilized. When the hearing is over, your loved one may be held up to five days in so that he or she may be adequately assessed. After this time, a recommendation is made to the court regarding your loved one.
When this is complete, you must then file a Petition for Treatment so that a second hearing may be held. During this hearing the judge will review the assessment and recommendation, and then render a judgment based on the information received. If your loved one violates the court order and refused treatment, or leaves the treatment program, they may face incarceration.
It is often said that while addiction is hard on the ones engulfed directly in the battle, it is equally as hard on those who love them, perhaps in some cases even more difficult. You are looking at the situation with a lucid mind and sober eyes. It is overwhelmingly likely that your loved one’s vision is still very much blurred. If you are prepared to undertake the next step, contact us today at 800-737-0933. We are here to be of assistance during these difficult times.