Have you heard that it is possible to could request the court to let your loved one undergo rehabilitation under a court order? But, this controversial feature can be availed to family members living in just a few states. We’ve worked with rehab patients ordered by the courts and we’ve seen the benefits and drawbacks associated with the Marchman Act in action first-hand.
Today, let’s find out more concerning the Marchman Act and look at the different ways that we’ve seen involuntary addiction treatment work in real-world situations.
What’s The Marchman Act?
It’s a special provision in the law that permits judges to issue court-ordered rehab for those who abuse substances or alcohol.
The person who receives the order must be proven not to have control over their actions (what is referred to as “substance impairment to alcoholism”). In addition, the person who receives the court order must be a threat in their own life or “in need of addiction services” but not be able to “appreciate their necessity for these services.” A majority of those who suffer from an active addiction are likely to meet this requirement.
The request for the court order may originate from law enforcement officials or the relatives and/or acquaintances of the person. If it is from non-related people, the petition has to be signed by three or more persons with direct experience of the addiction. These petitions should be “made in good faith.”
Once a petition has been submitted and a judge is appointed, the petitioner will be scheduled for an hearing within 10 working days. In the hearing, if the petitioner meets the requirements and the judge orders that they undergo an uninvoluntary assessment for 3 days during which they will be monitored by addiction treatment specialists and undergo an assessment of Substance Use Disorder. If an addiction specialist suggests that the person seek treatment and treatment, the judge will order up to 60 days of involuntary treatment. If, after the expiration of the 60-day period or treatment period, the judge decides they need to prolong the court order is needed, they will can extend the order for up to 90 days.
How to file A Petition
Make sure that the bed is accessible at the facility you prefer. Note down who you spoke with in the facility and at what time and date the admission will occur. This is the information you need to fill out your application.
The next, and cheapest alternative is to complete an Marchman Act Package at your local county courthouse. It will contain an affidavit of sworn swearing along with an Involuntary Assessment Petition and Stabilization. If you require assistance in the process, you can contact an attorney or interventionist to assist you in the legal process , but bear in mind that this could raise the cost of the petition.
Participate in the hearing that the judge will set following receipt of the package.
Make sure the person you are making the application for has completed first assessment.
Make a Petition for Treatment before the court.
Participate in a second hearing to go over the evaluation in which the judge is likely to ordain a 60-day rehabilitation as necessary.
Help the patient in attending treatment and securing funding to pay for treatment.
It is important to ensure that the patient attends the treatment and adheres to the treatment program.
Make sure you report any infringements of the judge’s instructions to the judge. If the patient leaves treatment too early the judge is given the power to put the patient in violation of the court’s order should they not show up.
How Treatment accessed through the Act Occasionally Doesn’t Effectively
There are many reasons for why treatments accessed via the Marchman Act might not be efficient. Here are a few main disadvantages:
There isn’t a free addiction treatment. The state will only cover for addiction treatment if an individual has a low income and is qualified for state benefits. If they aren’t in the range of benefits offered by the state or benefits, the person – as well as their insuranceis still responsible for the costs of treatment.
It doesn’t take people who have SUD (substance abuse disorder) to locked-down treatment facilities. The people who have been ordered by the court to undergo rehab may be discharged at any time. The judge can issue a jail sentence in the event of a violation of the court, but it is rare to enforce this.
Due to HIPAA regulations the petitioners won’t know whether the patient has actually, sought treatment or continued to be in an addiction treatment program. Treatment facilities for addiction aren’t permitted to divulge the information because of the privacy laws governing medical treatment, so unless the person you love dearly is candid about their treatment experience You won’t be able to learn much about what’s occurring.
In general, the person you love must want to become sober to quit using substances and alcohol. A successful treatment requires a amount of dedication and personal commitment. The patient must adhere to the treatment plan and adhere to the recommendations of their medical team. A non-voluntary treatment could help some people however for the majority of patients who lack the drive to change the long-term goal of sobriety won’t be achieved.
It is essential to locate an treatment facility that has beds to allow the judge to grant the petition in a lot of cases. The number of beds available and the degree of care required this could be challenging. It is possible to begin your search by contacting us, as we have lots of experience working with patients who have been ordered to rehab by the court.
When treatment Without The Marchman Act Simply Isn’t Possible
In spite of these disadvantages however, there are many who wouldn’t seek help without an ordeal by the justice system. Many families are grateful to their faith in the Marchman Act with saving their loved ones’ lives in a time when no other option could. Certain people find that being held for a few days that were part of the initial assessment process and gave them the confidence to realize they had an issue. When acute withdrawal is over it is possible to remove the barriers between an addict and their recovery. Some find it gives an opportunity to make a transformation.
