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Local Rehab Discusses the Marchman Act in Blog

Tampa, FL—Recently, Tranquil Shores published a blog post explaining how the Marchman Act works in Hillsborough and Pinellas Counties. When families invoke this act, they can provide their loved one with court-ordered treatment for a substance use disorder. Many people with this disorder may not believe they need help despite the substance taking priority over their family, career, and personal well-being.

"The Marchman Act falls under Florida Statute 397. Before October 1, 1993, chapter 396 mainly handled cases involving alcohol, while Chapter 397 focused on drug dependencies. After October 1, 1993, Florida Statute 397 – nicknamed the Marchman Act after the Hal S. Marchman Alcohol and Other Drug Services Act – combined alcohol and drug use into substance use disorder. While Chapter 396 still handles some alcohol use situations, the combining of alcohol and substance use disorders for involuntary treatment is now outlined in Statute 397 of the Marchman Act. The purpose of the Marchman Act is for concerned family members, practitioners, and adults with knowledge of concerning substance use to petition the court for help in getting the person treatment. There are finer details in the 58-page stature, but the main point is to connect those who need help to care," the blog post states.

There can be some cons regarding this act. If someone does not follow the Marchman Act's ruling, they could face consequences such as a prison sentence, which will be on their record, and lost relationships. Blaming their families may result in distance and hurt between loved ones. This act is meant to help, but the person may not see it this way. Invoking this act can also be pricey as it requires a lawyer and all 58 pages to be filled out correctly. If this does not happen, the case will be dismissed. Also, treatment is not covered by the court, which means the person with a substance use disorder will have to pay for it themselves. If they don't have insurance, this cost will be out-of-pocket. However, the pros greatly outweigh the cons. The most significant pro is that people who need help are connected to a program and allowed to finish their allotted time in treatment. Also, most people will choose treatment over going to prison, which can increase their chances of changing their lives.

In general, there are 3 criteria for the Marchman Act. To qualify, the person must have two of the three: loss of self-control regarding their substance use disorder, posing a danger to themselves or others through action or neglect, and not having an appreciation of their need for treatment and are not able to make rational decisions in terms of their care. Specific counties may have additional requirements. For example, in Pinellas County, two different petitions are required to be filed. The Petition for Involuntary Assessment and Stabilization follows the same general guidelines. Pinellas County also requires the petitioner to secure a bed at an approved facility before submitting the petition. In Hillsborough County, the Marchman Act is a two-step process. First, the petition is filed. If the petition is granted, the respondent is assessed and stabilized through the Agency for Community Treatment Services (ACTS). The petitioner returns to the courthouse and appears if a hearing is set, reviews the judge's orders, or determines if an involuntary treatment petition should be filed.

"While the petitioner can choose any facility in Florida to send the respondent, it is easiest to do so in the county where they filed the petition. This ensures there are no hassles trying to pass legal documents from county to county. It is also important to note that the petitioner must have a physical address for the whereabouts of the respondent so law enforcement has a location to pick them up. If the respondent is homeless and living on the street and no physical address can be provided, they cannot be picked up. This is where the petitioner would have to have an address on the petition and have the respondent meet there. If the petitioner cannot get the respondent to a physical address, it would be best to wait to file until this is possible," the blog post continues.

Tranquil Shores provides clients with the peaceful and private treatment they deserve. It is one of the approved facilities for the Marchman Act. The high-end, comfortable, and detail-oriented facility is located on the beach with direct beach access. The client-to-counselor ratio is 3:1, and clients can keep and use their laptops and phones while they stay at the facility.

For more information, visit their website or call 727-391-7001. Tranquil Shores offers the peaceful and private treatment people deserve.

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For more information about Tranquil Shores - Tampa, contact the company here:

Tranquil Shores - Tampa
Stacey Regan
727-391-7001
s.regan@tranquilshores.org
2202 N Westshore Blvd
Tampa, FL 33607

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