Addiction Recovery Legal Services, LLC
888 S. Andrews Avenue Suite 203
Fort Lauderdale, FL. 33316 -
posts this information on their website:
http://www.arlshelp.com/service-areas/central-west/pinellas-county/
Marchman Act in Pinellas County, FL for Obtaining Court Ordered Addiction Recovery
The Marchman Act Process in Pinellas County:
In Pinellas County the Marchman Act process is started by filing a
Request for Assessment and Stabilization (Detox) Petition and/or
Treatment. Once the court has reviewed this petition, either through an
Ex Parte process (no hearing required) or an actual hearing before the
court, a court order may be entered. The determination of whether there
will be an initial hearing or an Ex Parte review by the court is a
strategic decision made between The Client and ARLS. The Respondent may
be court ordered to immediately go to a Pinellas County government
funded facility that has been pre-determined for completion of the
assessment/stabilization/detox or be picked up by the law enforcement
and delivered by them to the nearest Pinellas County government funded
facility as ordered by the court for assessment / stabilization / detox.
Following assessment/stabilization/detox, the Pinellas County facility
will render their assessment and make a recommendation for treatment to
the court. Generally court officials cannot dictate the level of care
and have no influence on the level of treatment or type of treatment the
Respondent will receive. The trained professionals base their
treatment recommendation and the level of care based on the Respondent’s
needs. Typically, treatment is Outpatient, Day-treatment, Intensive
Outpatient Treatment and/or Residential.
The next step in the Marchman Act process is the filing a Treatment
Petition (if one has not previously been filed and is warranted). The
Pinellas County circuit court judge will review this petition and the
treatment recommendation by the clinician, to decide whether to order
the Respondent to comply with this recommendation. If the Pinellas
County circuit court orders treatment, the order will be in place for a
period of sixty (60) days. If the Respondent voluntarily enters
treatment prior to the treatment petition being granted ARLS will
request to schedule a status of the case for the Respondent to appear
before the Court within 2-4 weeks. Should the Respondent still be
compliant with treatment at that time – another status can be requested
by ARLS. In essence, even though a treatment order has not been granted,
the Respondent will recognize the possibility of said order being
entered in the future for any failure to remain in treatment. If a
treatment order has been entered and the Respondent is non-compliant in
any way, ARLS will file a Rule to Show Cause with the court and bring
the Respondent before the Judge for violating the court order and seek
sanctions. Generally, the judge will have a hearing, and if proven,
give the Respondent one more opportunity to return to treatment and
comply with the court order to avoid incarceration. Should the
respondent yet again fail to comply with the court order they will be
found in civil contempt and possibly incarcerated until they are ready
to return to treatment. It is important to note, serving time for
contempt does not invalidate the existence or duration of the original
order for treatment. The Respondent must continue treatment pursuant to
the original order subsequent to being released from custody.
Although the Respondent is recommended at one particular level of
care during the assessment the clinicians may increase or decrease the
level of care at any time. Often, a Respondent, based on their
participation (or, lack thereof) may start at one level of care, but
subsequently need a higher or lower level of care based upon their
participation in the treatment process – this is not uncommon and should
be expected. ARLS will monitor the Respondent and bring the Respondent
before the Pinellas County circuit court Judge as many times as
necessary to force the Respondent to comply with the treatment
recommendations during the sixty (60) day period. Prior to the end of
the 60 day treatment period, should the Respondent still meet Marchman
Act criteria, based on a medical professionals recommendation, an
extension can be filed for up to an additional ninety (90) days.
Although ARLS and the court cannot dictate the level of care, they are
able to enforce the court order so that the Respondent receives the
treatment they need during the court ordered period.
Medical Confidentiality in Pinellas County:
Federal HIPAA Law and the rules of confidentiality are very strict
and can be frustrating for The Client when the Respondent refuses to
sign a release and of information. The Client will undoubtedly be
frustrated when a Pinellas County treatment facility is unable to answer
questions regarding the respondent’s treatment due to a consent not
being signed. To ensure continued enforcement, ARLS will request the
court order the treatment provider to testify in support of any
necessary motions or petitions pending before the court.
Note: Although the Pinellas County treatment facility cannot disclose
information without a release of information or court order, this does
not stop ARLS from returning to court if The Client observes that the
Respondent is failing to comply with treatment, or, has relapsed.
Confidentiality of Court Proceedings in Pinellas County:
In many counties throughout the State of Florida, Marchman Act
proceedings are deemed confidential by local administrative order.
However, in some counties various legal pleadings must be filed to
request that the court protect and make confidential these proceedings.
Regardless, in Pinellas County ARLS will file all necessary legal
pleadings to request that the information contained in the Marchman Act
litigation is deemed confidential.
Ex-Parte Petitions in Pinellas County:
An Ex-Parte Petition requests the court to enter an order having the
Respondent involuntarily placed into assessment/stabilization/detox
without a hearing based solely on the information in the petition. If
granted, a judge will order the Respondent to be picked up and delivered
to the pre-determined Pinellas County government facility for
assessment, stabilization and/or detox. The pick-up order will be
execute by law enforcement. Typically within, twenty-four (24) to
forty-eight (48) hours after filing, the Respondent will be picked up
and taken to the detox facility, unless the Respondent flees or evades
law enforcement. It is very important the Respondent have no knowledge
of the proceedings to maximize success.
Non-compliant Respondents and Contempt of Court in Pinellas County:
The reason you are seeking assistance through the Marchman Act is
because you have someone in your life that refuses to enter treatment or
repeatedly leaves treatment against medical advice and continues to
abuse substances without any consequence. The Marchman Act does not
provide any articulated consequence for failure to comply with a
Pinellas County court order. However the Marchman Act is a civil court
preceding that allows the attorneys at ARLS to utilized and implement
the Court’s contempt powers. Should a Respondent not comply with the
Pinellas County court order, ARLS will file the necessary pleadings and
hold additional court hearings to utilize the court’s contempt powers as
a consequence for the Respondent’s failure to comply. ARLS creates
consequences for abusing substances where none has existed before.
Service of Process in Pinellas County:
The Marchman Act is a civil procedure (not criminal). Accordingly, a
Respondent has the right to be noticed of any court proceeding and a
right to appear. The Respondent has the right to know the time, date,
allegations and specific location of a hearing. The Respondent can
choose not to attend the hearing, but must be noticed properly
regardless. A hearing in Pinellas County court house may take place
without the Respondent being present, if proper service has been met and
is demonstrated to the court. There are two manners of service: (1)
service by a law enforcement officer of Pinellas County, or, (2) by
private process server. ARLS recommends that The Client pays to have
private service of process arranged through ARLS to best coordinate the
time and place for the Respondent to be served. A law enforcement
officer from Pinellas County will serve the Respondent at their
discretion and outside the control of ARLS. If the officer arrives, and
the Respondent not present, service will not be effectuated. This will
ultimately result in delaying all legal proceedings. ARLS, through the
use of private process service, will coordinate and ensure proper
service resulting in no delay.
How long will it take to get a Marchman Act hearing in Pinellas County?
The law provides time frames that the court system needs to adhere to
upon filing. Within ten (10) days of filing of the petition a hearing
must be held or a decision be made ex-parte. ARLS will do everything in
our power to expedite all hearings in Pinellas County. It is important
for The Client to understand that ARLS has no control over the clerk or
court system. ARLS will work diligently with the Pinellas County court
system to ensure that the law is followed in its entirety.
Does the Respondent need an attorney in Pinellas County?
The Respondent, by statute, has the right to an attorney at every
stage of the proceedings. A court appointed attorney will be available
to the Respondent in Pinellas County, if they are unable to obtain
counsel due to financial reasons. The Respondent does have the right to
hire a private attorney.
Can the Marchman act be filed again in Pinellas County once exhausted?
Yes.The Marchman Act can be filed as many times as is necessary in
Pinellas County. However, ARLS is required by law to begin a new process
for each filing. Fees and services would be incurred for any new
proceeding in the future if warranted.
Communication with ARLS from Pinellas County:
ARLS operates throughout the State of Florida and has your best
interests in mind. Our office works as a team to make sure the process
runs smoothly for everyone. Your calls are extremely important. We do
appreciate your understanding when we are not able to take your call
immediately. Your call will be returned as soon as possible.
Who does ARLS Represent in Pinellas County?
The attorneys at ARLS have lectured at many hospitals, to doctors,
substance abuse professionals and treatment providers. ARLS has no
formal financial relationship with any substance abuse providers or
Pinellas County government facility. We represent you – The Client.
Private Treatment Programs vs. Indigent Treatment Programs in Pinellas County:
Substance abuse treatment is either paid for privately (cash) or
through pre-existing, personal insurance plans. If neither the
Respondent nor the Client has the ability to pay for treatment, the only
treatment alternative is typically the use of a Pinellas County
government funded indigent program. The Client must recognize that the
use of any treatment program that is not paid for privately or through
insurance typically results in a delay of the Marchman Act process.
Pinellas County government funded treatment programs typically have
limited bed availability and treatment capacity, which may result in the
Respondent being placed on a waiting list for a bed for detox or
residential treatment. ARLS will enforce compliance by the Respondent of
the rules and regulations of the Pinellas County government run
program, while waiting for an available bed. However, The Client must
recognize that any delay in providing immediate treatment influences the
chances for immediate success. Should The Client have the ability to
pay for treatment privately (cash) or utilize insurance, ARLS will
present this alternative treatment option to the Respondent as an
alternative to the potential delays of an indigent based treatment
program.
