How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Delta-Lawyer Your Own Question
Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
12711280
Type Your Legal Question Here...
Delta-Lawyer is online now
A new question is answered every 9 seconds

My daughter is a Registered Nurse - she came to Ft.

Customer Question

My daughter is a Registered Nurse - she came to Ft. Lauderdale and is now addicted to drugs. She will not go to any rehab because she says she will never be able to get a job in nursing.
We feel that she is dying! She is about 85lbs.
She will not go voluntarily -
What is the Marchman Act?
I understand that she will have to go before a judge? She would never do that -
Is there no way to save my daughter? (###) ###-####
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

First off, I am sorry you are having to deal with this issue and I appreciate you seeking help on behalf of your daughter. I am a licensed attorney with over a decade of experience handling legal matters such as this one. It is a pleasure to assist you today.

The Marchman Act in Florida is your answer and because you are a blood relative, you have the right to request assistance under this law. In order to invoke the power behind the law, you need to be able to articulate that your daughter no longer has the ability to control her own actions and that she is a danger to herself...and without treatment she will suffer greatly, even die. Based on what you have shared with me, that is certainly the case here. You also have to show, through sworn statement, that she will not go to rehab voluntarily.

The Marchman Act permits a person to be admitted for assessment or treatment for substance abuse against his or her will in various ways, according to specified procedures and criteria. For example, a law enforcement officer may have someone placed in protective custody if he or she exhibits a need for treatment (1) in a public place or (2) in a way that attracts the officer'{C}s attention. Additionally, any responsible person with knowledge of a person's substance abuse may apply to have that person admitted in an emergency if the person is likely to harm himself or herself or others or is so impaired that he or she cannot recognize the need for treatment. A spouse, relative, guardian, or three adults with knowledge of the person'{C}s substance abuse may petition the court for involuntary treatment.

The Marchman Act also contains provisions concerning numerous areas other than involuntary treatment. For example, there are provisions addressing voluntary admission; voluntary drug court programs for offenders; licensing of service providers; local ordinances concerning treatment of habitual abusers; and inmate substance abuse programs.

Here is a link to a powerpoint presentation that should help you through the process as well:

http://myflfamilies.com/service-programs/substance-abuse/marchman-act

Under Marchman Act Protective Custody initiated by law enforcement, the officer is only permitted to take the person to home, hospital, or detox with the person's consent, whichever the officer believes is the most appropriate setting for the person. If the person doesn't give such consent, it is limited to hospital or detox, unless the person is taken to jail. Other licensed substance abuse providers that are not licensed as detox facilities, addiction receiving facilities (ARF), or hospitals wouldn’t be eligible to accept a person under protective custody.

Any licensed hospital (general or specialty hospital) must accept any person brought to its emergency department and conduct a medical screening. If found to have an "emergency medical condition" even if only related to a psychiatric or substance abuse emergency, the hospital ED must follow rigorous standards established by the federal government under EMTALA before any transfer to another facility can take place.

So, you can have her committed under this law by local law enforcement and I encourage you to take this step.

Please let me know if you have any other questions.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you had any other questions or comments. I want you guys to be as comfortable as possible moving forward and want the best for your daughter. Best wishes