Community Outreach Services, Inc.

A Marchman Act

A Marchman Act is a means of providing an individual in need of substance abuse services with emergency service and temporary detention for substance abuse evaluation and treatment (when required), either on a voluntary or involuntary basis.

     A voluntary admission is when a person who wishes to enter treatment for substance abuse applies to a service provider for voluntary admission.  An involuntary admission is when there is good faith reason to believe the person is substance abuse impaired and, because of such impairment, has lost the power of self-control with respect to substance abuse, and either has inflicted, attempted or threatened to inflict, or unless admitted, is likely to inflict physical harm to himself/herself or another, or the person's judgment has been so impaired because of substance abuse that he/she is incapable of appreciating the need for substance abuse services and making a rational decision in regard to substance abuse services.  There is additional criteria that pertain to voluntary and involuntary admissions such as a minor may seek voluntary admission for substance abuse services without parental or guardian consent, and a law enforcement officer may take a person into custody when the minor or adult appears to meet admission criteria and is brought to the attention of law enforcement or is in a public place

     In addition to a law enforcement officer's authority to implement protective custody measures in emergency involuntary situations, a private practitioner, the person's spouse or guardian, any relative of the person, the director of a licensed service provider or the director's designee, or any three (3) responsible adults who have personal knowledge of the person's substance abuse impairment or, in the case of a minor, the minor's parent, legal guardian, or licensed service provider can file an Involuntary Marchman Act Petition.

     If you have personal knowledge of a person's substance abuse impairment and believe that because of the impairment the person has lost the power of self-control with respect to substance abuse and you have the reason to believe that the person has inflicted or is likely to inflict harm on himself/herself or others unless admitted or, the person is incapable of appreciating the need for care because of the substance abuse, you may file a Marchman Act Petition.  If this is the case you will need to contact a service provider and confirm that a bed is available should the court find it necessary to enter an order authorizing the involuntary assessment and stabilization of the person.

     If you intend to file a Marchman Act Petition you may need to visit your local County Clerk's Office during normal business hours and bring identification with you (Social Security number and date of birth), and the address where the person can be located by your local sheriff's office.

     After you have completed the Marchman Act Petition, the court will review the petition and if the person is represented by an attorney, conduct a hearing within 10 days; or without the appointment of an attorney and relying solely on the contents of the petition, enter an order authorizing the involuntary stabilization and assessment of the person.  A person may be detained for involuntary assessment and stabilization for a period not to exceed 5 days.

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