A Legal Pathway to Substance Abuse Treatment in Polk County
Is someone you know suffering from alcoholism or drug addiction? Are you struggling to get them help? If so, you need to know about the Florida Marchman Act. Our guide below – “Substance Abuse Treatment in Polk County: A Legal Pathway” – can help.
When other efforts to help have failed, the Florida Marchman Act provides a legal intervention and pathway to recovery.
Substance Abuse Treatment in Polk County: What is the Florida Marchman Act?
In short, The Hal S. Marchman Alcohol and Other Drug Services Act is a Florida law that recognizes substance abuse as a major health problem. Substance abuse has a devastating effect on Florida families and our society. The Florida Marchman Act provides for voluntary and involuntary (court-ordered) intervention, treatment and recovery services. The goal is to discourage substance abuse and promote healthy lifestyles.
Substance Abuse Treatment in Polk County – Question #1: Someone I care about has mental health problems and might be abusing drugs. Can the Florida Marchman Act help?
Many persons struggling with substance abuse, addiction, or alcoholism also suffer from mental health disorders. It is important that people with mental health and substance abuse problems get a proper diagnosis and treatment that will address both their mental health and substance abuse issues. There are drug rehab programs suited for treating people with both addition and mental health problems.
A lawyer experienced with the Marchman Act has insight into the nature of mental health, addiction, and treatment resources. Your lawyer will help you determine the most appropriate program for treatment.
Substance Abuse Treatment in Polk County – Question #2: I believe my minor child is using alcohol and drugs. Can the Marchman Act help?
The Marchman Act is an option for you to address your child’s use of alcohol and drugs. Without a court order, you can involuntarily admit your minor child into detox for assessment and referral for treatment.
However, getting your child to detox and through subsequent treatment may require a court order to ensure compliance. The Marchman Act provides a legal process for court-ordered detox, and for court-ordered substance abuse treatment in Polk County. Also, the court may order the Polk County Sheriff’s Office to pick up your child and deliver them to a detox facility. The court can find your child in contempt for violating the order.
Substance Abuse Treatment in Polk County – Question #3: Is the Florida Marchman Act only for minor children?
No, the Marchman Act applies to adults as well whether they are your adult child, parent, spouse, significant other, relative, mother or father of your child, friend or co-worker. The Florida Marchman Act applies to anyone in Polk County seeking substance abuse treatment.
Although the involuntary admission of a child without a court order described in the answer above does not apply to adults under the Marchman Act.
Substance Abuse Treatment in Polk County – Question #4: My loved one knows he/she has a drinking problem, but he refuses to get help. How can the Marchman Act help?
The Marchman Act provides a legal process for court-ordered detox, and for court-ordered treatment for substance abuse.
Substance Abuse Treatment in Polk County – Question #5: What if my loved one does not follow the court order?
In some circumstances, the court will order the Sheriff to pick up a person and deliver them to a detox facility for stabilization and assessment. Additionally, the court can find your loved one in contempt for violating the court order.
Substance Abuse Treatment in Polk County – Question #6: How does the Marchman Act work, and will I have to go to court?
Getting a court order under the Marchman Act for stabilization and assessment, and for treatment, is a legal process. The process begins with the filing of a petition by an adult who has direct personal knowledge of someone’s substance abuse. Also, you will go to court and likely testify if you are the petitioner.
Substance Abuse Treatment in Polk County – Question #7: Do I need to hire a lawyer?
You can begin and complete the process without a lawyer; however, you should consider the following:
- A lawyer who has experience with the Marchman Act can inform and prepare you for what is to come.
- You are filing a lawsuit that requires you to follow procedures and rules.
- Lawyers are trained and experienced to work within the legal framework.
- There will be bumps in the road, but a lawyer who has experience with the Marchman Act is familiar with the process and can more easily guide your case to conclusion.
- A lawyer experienced with the Marchman Act has insight into the nature of addiction and of recovery/treatment resources. Your lawyer will help you determine the most appropriate program for treatment.
- The person you are trying to help has the right to a (court-appointed) lawyer. That lawyer will represent and advocate their position. That lawyer is not there to help you.
- You have a lot on your mind. Additionally, your loved one’s addiction is affecting your everyday life. A lawyer with experience in the Marchman Act can be your partner in the process, prepare your case and take away many uncertainties.
- You are filing a petition under the Marchman Act because someone you love and care about is experiencing a serious life crisis. A lawyer experienced with the Marchman Act will give you a better chance for a positive outcome.
Costs for Substance Abuse Treatment in Polk County
There are many options for detox and addiction treatment programs, depending upon resources available. Many private treatment centers accept insurance, Medicaid, or self-pay. Others may accept a pay scale or reduced payment based on income. In addition, there are state-funded programs available for persons without the ability to pay for treatment.
Locations of Substance Abuse Treatment Programs in Polk County
The person to receive addiction treatment has the right to choose a treatment program. However, if the chosen program is not financially possible or otherwise appropriate, the court will determine where treatment will take place. It is important to come to court with a plan and recommendation for an addiction and mental health treatment program.
The Marchman Act is a Useful and Available Strategy
The Marchman Act can help to get someone into detox, have an assessment, and receive treatment. Although, how a person responds to treatment can determine their long-term recovery. Hopefully, a person will maintain a drug-free lifestyle; support from family and friends is critical.
You have the ability to file another petition under the Marchman Act. There is no limit to the number of petitions that can be filed, nor are there any court filing fees to do so.