The Marchman Act is a legal process meant to help people who have a severe substance use issue and who are not willing to get the help they need on their own. This can mean that the person is involuntarily held against their will so that they can be adequately assessed, stabilized, and treated for a substance use issue. There are many factors that go into the decision to initiate a Marchman Act. Talking to an addiction specialist can help clarify aspects of your particular situation.
Law enforcement officers, mental health professionals, ARNPs, doctors, and other addiction specialists can initiate a Marchman Act. The Marchman Act also allows family and friends to petition the court to initiate the act, this is often called an “Ex Parte Marchman Act”.
Your local county clerk of court can normally help direct you to forms that walk you through the process for your particular county. Some lawyers specialize in helping with this as well.
In many instances of an Ex Parte Marchman Act, law enforcement will be ordered to take the person into custody and transport them to the nearest receiving facility. This can be any time of the day or night.
The Marchman Act is meant to help people with a severe substance use issue. There is another law that is designed to help people with a mental health issue, that is the Baker Act. Often times it can be difficult to decide which one might help your loved one. Talking with your local county clerk or court or a counselor can help you with your specific situation. If you have any questions please reach out.
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