FAQs

The Marchman Act is a law under the Florida Statute that enables family members to obtain help for a loved one who is unwilling to seek substance abuse services voluntarily.

The substance-impaired person must meet the following conditions:

• Has lost eh power of self-control with respect to substance use; and EITHER
• Has inflicted or threatened or attempted to inflict physical harm on himself or another; OR
• Is in need of substance abuse services and, by reason of substance abuse impairment, is incapable of appreciating the need for such services and of making a rational decision in regard to receiving services. However, mere refusal to receive such services does not constitute evidence of lack of judgment with respect to the need for such services.

The process varies in each county. In Orange County the family contacts the CFDFL ARF for assistance in filing a petition. In the other counties, the Probate office at the courthouse is the first point on contact.

The petition is reviewed by a judge to determine if the situation is an emergency or if the individual named in the petition needs to receive a subpoena to respond to the petition. If the petition is found to meet emergency status an order for law enforcement to pick up the person is issued. There is a fee for this service.

In each county there are designated facilities to complete an assessment on the person to determine if they meet the criteria for the Marchman Act. In Brevard County the program is Circles of Care in Melbourne. In Seminole County, the person may be taken to either the Seminole County Crisis Center or to the Center for Drug Free Living ARF. In Osceola county, they area brought to CFDFL ARF. In Orange County, the person is taken to the Central Receiving Facility and after an initial assessment, brought to the CFDFL ARF.

The law allows for up to 5 days to complete the evaluation on a court ordered assessment. During that time the facility may ask the court for an extension, release the client, or file a petition with the courts asking for the judge to court order treatment services.

All of the facilities work with insurance and accept payment for services on a sliding fee scale.

The judge can court order an individual into services for up to 60 days.

llindsay@cfdfl.com

Changes in usual behavior, sudden drop in grades, secretiveness, withdrawal from family life, lack of interest in usual activities, unexplainable or unusual moodiness, mood swings, slurred speech or staggering, smell of smoke or marijuana, weight loss, (Note: these may be signs of something other than drug abuse, but these require your attention or help.)

Rebellion, curiosity, feels harmless, fun, escape, coping, feels good, parent's use, friends' use, risk taking and power.

Listen, share what you know, urge the person to get help, tell them you'll be there to help when they need it, follow-up to see if they received help.

Nothing is an absolute guarantee your child will be drug free. But these factors can help: Strong relationships between parents and children help them feel safe, consistent praise/low criticism, clear expectations/high expectations, quality time/sharing responsibilities, stress management, extended families/strong social support overall (neighbors, church, friends, clubs).

Alcohol, tobacco, marijuana, (also known as "Gateway" drugs, because they may be a gateway to other drugs.)

Here are a few suggestions:

• Don't deny it; your strength in admitting it will be a model if someone else in the family is having problems.
• Start now to get help, and don't give up.
• Understand it will be difficult.
• Understand that others may already know you have a problem.
• Expect that you will feel emotional about your drug problem (e.g. angry, frightened, frustrated, and embarrassed).
• Throw away alcohol, drugs, or any stash that you have.
• Find a friend to support you, someone you trust or a support group (such as AA, Al-Anon, Alateen).
• Don't forget, it took a while for this problem to develop, so it will take a while to recover.
• Don't be discouraged if you slip, just get right back on the road to recovery.
• Be proud of yourself.
• Take this opportunity to develop a whole new lifestyle.

Here are a few suggestions:

• Be aware of your child. Be informed about drugs and drug abuse.
• Be communicative about all aspects of your child's life.
• Be active and get help if your child has a drug problem.