Have you heard that it is possible to could ask the court to make your loved one undergo rehabilitation under a court order? This controversial option can be availed to family members living in only a handful of states. We’ve worked with patients who have been ordered to rehab by the court and we’ve seen the benefits and drawbacks associated with the Marchman Act in action first-hand.
Today, let’s find out more regarding the Marchman Act and look at various ways we’ve witnessed involuntary addiction treatment work in the real world.
What exactly is what is the Marchman Act?
It’s a unique feature of the law that permits judges to issue court-ordered rehab for those who abuse drugs 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” and be unable to “appreciate the requirement for these services.” The majority of people who have an active addiction would meet the criteria.
The request for the court order may be from law enforcement agencies or from the relatives and/or acquaintances of the person. If it is not from related individuals, the petition should be signed by three or more people who have firsthand experience of the addiction. These petitions should be “made in good faith.”
When a petition is submitted and the judge decides to schedule for an hearing in the next 10 days. In the hearing, if the petitioner meets the requirements and the judge orders the individual to undergo an involuntary assessments for three days, where they will be monitored by addiction professionals and undergo an assessment to determine if they suffer from Substance use Disorder. If an addiction treatment specialist suggests that the person seek treatment and treatment, the judge will order up to 60 days of involuntary treatment. If, at the conclusion of the 60-day period or treatment period, the judge is of the opinion it is necessary to extend 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 available at the facility you prefer. Note down who you spoke to at the center and on when and on what day the admission will be scheduled. This information is essential to complete the application.
The next, and cheapest solution is to fill out an Marchman Act Package at your local county courthouse. It will contain an affidavit that is sworn and an Involuntary Assessment Petition and Stabilization. If you need help in the process, you can contact an interventionist or lawyer to assist you in the legal process , but bear in mind that this could add costs to making your application.
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 an initial evaluation.
Make a Petition for Treatment before the court.
You will be required to attend a second hearing in order to discuss the report 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.
Make sure the patient attends their treatments and adheres to their treatment program.
Make sure you report any infringements of the judge’s orders to the judge. If the patient is forced to leave treatment before the scheduled time the judge has the authority to place the person in violation of the court’s order in the event that they fail to return.
The reason why treatment that is accessible 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 – and their own insuranceis still accountable for the costs of treatment.
It doesn’t force people suffering from SUD (substance usage disorder) to treatment centers that are locked down. The people who have been ordered by the court to go to rehab are able to quit treatment at any time they wish. The judge could issue a jail sentence as punishment for a violation of the court, however it is rare to enforce this.
Due to HIPAA regulations that prohibit the disclosure of information to petitioners, they will not be able to tell whether the person has actually, sought treatment or continued to be in the treatment center. Treatment centers for addiction aren’t permitted to share the information because of medical privacy laws. So, unless your loved ones are candid about their treatment experience there’s no way to know about what’s taking place.
In general, the person you love is required to become sober to stop using substances and alcohol. The process of getting sober requires a large amount of effort and personal commitment. The patient must adhere to their treatment plan and stick to their doctor’s advice. Involuntary participation in treatment could help some people however for the majority of patients with no drive to change the long-term goal of sobriety won’t be achieved.
It is essential to locate an establishment that has beds to allow the judge to accept the petition in many instances. The number of beds available and the amount of care required this could be challenging. Start your search by contacting us, as we have lots of experience working with patients who have been ordered to rehab by the court.
If Treatment Without The Marchman Act Simply Isn’t Possible
In spite of these disadvantages however, there are many who would not had sought help without an ordeal by the justice system. Many families are grateful to with the Marchman Act with saving their loved ones’ life in a time when no other option could. Certain people find that being in a detention facility even for a couple of days during the initial assessment provided them with the confidence to see that they may have an issue. After acute withdrawal has been completed it is possible to remove the barriers between an addict and their recovery. Some find it gives the crucial window to make a transformation.
