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In court, let them talk and remain silent unless the judge asks you something. Remember, they have to prove their case. You are required to prove nothing. The judge will evaluate the facts and then decide if the petition is is valid or not.
He/she can deny the petition, set a hearing for within 10 days, or send out law enforcement to pick up the respondent for assessment/stabilization via emergency Ex Parte order.
A person must be examined within 72 hours. If the person is committed for treatment, a facility may retain the person for a period not to exceed six (6) months.
How Long Does the Marchman Act Last? A person committed to a treatment facility under the Marchman Act will be held for 5 days. The facility may file for a longer-term commitment in some cases, up to 60 days.
If this is a concern for your family then we encourage you to seek legal counsel before filing. Who is responsible for the cost of care when someone is Marchman Acted? Let's face it, treatment isn't free. The cost can be covered by health insurances or self payment.
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Who Can File a Petition for a Marchman Act? The petition may only be filed by: a. The person's spouse or guardian, any relative of the person, a director of a licensed service provider, a private practitioner, or any three adults who have personal knowledge of the person's substance abuse impairment.
If this is a concern for your family then we encourage you to seek legal counsel before filing. Who is responsible for the cost of care when someone is Marchman Acted? Let's face it, treatment isn't free. The cost can be covered by health insurances or self payment.
How long does the assessment take? 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.
Under the Marchman Act, law enforcement officers are permitted to take a person under Protective Custody (with consent) to his or her home, to a hospital, or to a licensed detoxification or addictions receiving facility, whichever the officer determines is most appropriate.
Hiring a lawyer to file the Marchman Act is generally the most expensive option, with retainers typically ranging anywhere from $7,500-$9,500.

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