The Marchman Act is the process created through Florida Statute 397 that helps families and friends send a loved one to treatment when they refuse to go. We recognize the law can be difficult to understand. This website is designed to help the average person looking to help someone who is impaired by substance abuse. Browse All Resources
It should be noted that the Marchman Act relies heavily on many external factors that can hinder the speed and probability of success for the average petitioner not represented by an attorney (pro se petitioner). While a petitioner may want.
Within ten (10) days of filing an Petition for Involuntary Treatment, a hearing must be held. If an emergency condition exists and is asserted in the petition, a decision is made ex-parte (without hearing) by the court based solely on.
As of July 1st, 2017, Florida Statute 397.6760 became effective making all petitions for involuntary assessment and stabilization, court orders, and related records that are filed with or by a court under 397 confidential and exempt from s. 119.071(1) and.
Simply put – the answer is no. A petitioner is not required to be represented by counsel. A pro se petitioner can simply go to the clerk of court in the county where the respondent is located and seek to.
The Marchman Act is the process created through Florida Statute 397 that helps families and friends send a loved one to treatment when they refuse to go. We recognize the law can be difficult to understand. This website is designed to help the average person looking to help someone who is impaired by substance abuse.
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A: The Marchman Act can be filed as many times as necessary. However, it is required by law to begin an entirely new process for each filing. A refiling may be necessary due to the original case being closed and the.
Q: Right To Individual DignityA: The dignity of the individual served must be respected at all times and upon all occasions, including any occasion when the individual is admitted, retained, or transported. Individuals served who are not accused of a crime or delinquent act may.
Q: Right To Nondiscriminatory ServicesA: Service providers may not deny an individual access to substance abuse services solely on the basis of race, gender, ethnicity, age, sexual preference, human immunodeficiency virus status, prior service departures against medical advice, disability, or number of relapse episodes. Service.
Q: Right To Quality ServicesA: Each individual must be delivered services suited to his or her needs, administered skillfully, safely, humanely, with full respect for his or her dignity and personal integrity, and in accordance with all statutory and regulatory requirements. These services must include.
Q: Right To Care And Custody Of Personal EffectsA: An individual has the right to possess clothing and other personal effects. The service provider may take temporary custody of the individual’s personal effects only when required for medical or safety reasons, with the reason for taking custody and a.
Q: Right To Education Of MinorsA: Each minor in a residential service component is guaranteed education and training appropriate to his or her needs. The service provider shall coordinate with local education agencies to ensure that education and training is provided to each minor in accordance.
Q: Right To Confidentiality Of Individual RecordsA: The records of service providers which pertain to the identity, diagnosis, and prognosis of and service provision to any individual are confidential in accordance with this chapter and with applicable federal confidentiality regulations and are exempt from s. 119.07(1) and.
Q: Right To CounselA: Each individual must be informed that he or she has the right to be represented by counsel in any involuntary proceeding for assessment, stabilization, or treatment and that he or she, or if the individual is a minor his or.
Q: Right To Habeas CorpusA: At any time, and without notice, an individual involuntarily retained by a provider, or the individual’s parent, guardian, custodian, or attorney on behalf of the individual, may petition for a writ of habeas corpus to question the cause and legality.
Q: Liability And ImmunityA: Service provider personnel who violate or abuse any right or privilege of an individual under this chapter are liable for damages as determined by law. All persons acting in good faith, reasonably, and without negligence in connection with the preparation.
Q: Where Do I Need To File My Services Petition?A: The Petition must be filed in the County where the respondent is physically located. Residency is NOT a requirement. If the person upon whose behalf the petition is being filed is an adult, a petition for involuntary assessment and stabilization.
Q: What Information Do I Need For The Services Petition?A: A petition for involuntary services must contain the name of the respondent to be admitted; the name of the petitioner or petitioners; the relationship between the respondent and the petitioner; the name of the respondent’s attorney, if known, the findings.
