Recognizing Unhealthy Relationships: With People and With Alcohol

Have you ever looked back on a relationship and realized how toxic it was only after it ended? Our relationship with alcohol can follow a similar pattern. The good news is that support systems exist to help—even when we don't yet see that we need them.

According to the Substance Abuse and Mental Health Services Administration (SAMHSA), more than 94% of people with substance use disorder don't get treatment. Strong social and family support is a cornerstone of successful recovery. If you're supporting someone with alcohol use disorder (AUD), it helps to understand tools like the Marchman Act—a Florida law that gives families specific rights to assist loved ones in getting substance misuse treatment.

Let’s take a closer look at what the Marchman Act is, how to file for it, and how it can help you support someone you care about.

Background of the Marchman Act

Before the Marchman Act became law, Florida had two main statutes—Chapters 396 and 397—that separated treatment for alcohol use disorder from treatment for other substance use disorders. Lawmakers realized that substance dependence often involves multiple issues, and having separate laws created barriers to getting proper care.

This led to the creation of the Marchman Act in 1993. The law is named after Rev. Hal Marchman, a well-known advocate for people with substance use disorder. Officially called the Hal S. Marchman Alcohol and Other Drug Services Act of 1993, it’s commonly known as the Florida Marchman Act.

The Marchman Act was designed to protect individuals with substance use disorder through court-ordered intervention. It has been updated several times, most recently in 2017. While this law is specific to Florida, most other states have similar involuntary commitment laws.

Florida Marchman Act Basics

The Marchman Act allows for an emergency court order to stabilize and evaluate a person for substance misuse. It gives family members or loved ones the right to seek help for someone who may be unwilling to get treatment. For a court-ordered treatment petition to be approved, the person must meet these criteria:

• Loss of control over substance use: The person can’t stop using alcohol or drugs, even when aware of the harm. Daily priorities like work, school, or self-care are often neglected.
• Harm to self or others: Alcohol or drugs impair judgment and lower inhibitions, sometimes leading to dangerous behavior that puts the person or others at risk.
• Unable to make rational treatment decisions: Simply refusing treatment isn’t enough—there must be evidence that the person can’t make logical decisions about their care.

The Marchman Act can be initiated in two main ways: if law enforcement observes behavior that requires evaluation, or if a petition is filed by loved ones. Parents, guardians, relatives, spouses, or three unrelated adults with concerns can file a petition.

While the Act is best known for involuntary intervention, it also covers voluntary treatment options.

Who May Need the Marchman Act?

The Marchman Act applies to people 18 and older. Although parents can file for minors, it’s rarely necessary because parents already have medical decision-making rights for their children. The Act is intended for individuals whose substance misuse makes them a danger to themselves or others, and who are unable to make rational decisions about treatment.

Marchman Act Florida: Benefits and Challenges

Studies show that involuntary commitment can lead to higher treatment completion rates. Let’s review the pros and cons of the Marchman Act.

Benefits

• Protects health and safety: The Act prioritizes safety, especially when someone is at risk of harming themselves or others. Alcohol-related deaths in Florida have risen over 70% since 2012, according to the Alcohol-related Disease Impact Application.
• State-funded treatment: Eligible individuals can receive state-funded care, reducing financial and clinical barriers.
• Reduces burden on family: By placing the decision with the court, the Act can ease tension between the individual and their support network, allowing family and friends to focus on providing emotional support.

Challenges

• Resentment from intervention: Court-ordered treatment can feel like a betrayal, causing anger and isolation at a time when connection is vital.
• Processing delays: Petitions can take days to process, which can be dangerous during a crisis. Delays also risk the person leaving the area, invalidating the petition.
• County-by-county differences: Procedures vary across Florida, which can complicate access to treatment, especially if the person or petitioners live in different counties.
• Funding limitations: Strict qualifications apply for state-funded care. Often, families must rely on insurance, out-of-pocket payments, or personal resources.

Despite these challenges, the Marchman Act may be the only option in some situations. Here’s how to file a petition.

How To File a Petition for the Marchman Act

Before filing, explore all voluntary treatment options. Research indicates that involuntary commitment can damage trust, social functioning, and future employment prospects.

Different Methods To File a Petition

If voluntary options have been exhausted, here are three ways to file:

• Independent filing: You complete and submit the forms yourself. This is usually the most affordable option, but errors can delay or invalidate the petition.
• Filing through an attorney: Hiring a lawyer is more expensive but can simplify the process and improve accuracy.
• Assistance from a comprehensive intervention counselor: A counselor can help file the petition and create a personalized treatment plan. This option is often more affordable than a lawyer and supports continuity of care.

Steps to File

• Identify a treatment center: You must name a specific facility with available space before filing.
• Complete the forms: Forms vary by county and typically require details about the person’s behavior, location, medications, and medical conditions.
• Attend the hearing: A hearing is scheduled within 10 days. The judge hears testimony and decides whether to grant the petition. If approved, the person can enter treatment voluntarily or be taken by law enforcement.

What Happens After Filing a Petition

Once a petition is granted, several steps follow:

• Assessment and stabilization: This initial phase lasts up to five days. The person is medically stabilized and assessed to create a treatment plan.
• Petition for involuntary treatment: The treatment team decides if involuntary care is necessary based on risk, severity, and judgment capacity. A hearing follows within 10 days if needed.
• Inpatient or outpatient treatment: Treatment can last up to 90 days and may include medication, therapy, support groups, and counseling.
• Transfer to voluntary treatment: After involuntary treatment, the team recommends ongoing support such as outpatient programs, sober housing, peer groups, or job training to prevent relapse.

How To Support a Loved One During This Process

Recovery from AUD is challenging, especially when the Marchman Act is involved. Your support can make a big difference:

• Start with voluntary treatment: Willingness to recover leads to better outcomes. Encourage voluntary options first.
• Understand their resentment: Anger is a common reaction. Patience and empathy help maintain connection.
• Take care of yourself: Supporting someone through recovery is demanding. Prioritize your own well-being.
• Commit for the long term: Recovery doesn’t end with treatment. Ongoing support reduces the risk of relapse and promotes lasting healing.

Key Takeaways

Acknowledging the need for treatment is often the hardest step for someone with alcohol use disorder. When health and safety are at risk, the Florida Marchman Act can be a lifeline. Always try voluntary treatment first, but as a last resort, the Marchman Act has helped many people begin their recovery journey. Understanding this law helps you stay informed and ready to support those you care about. Here’s to moving forward in recovery with the right tools and support!