Our first course of action is a strategic plan to take control. Each plan is developed to achieve the ultimate goal of admission to your facility or program. No two cases are ever alike. With proper strategic planning with families and providers, as well as incorporating and properly utilizing the power of the legal system, the goal of admission can be quickly realized. Depending on the factual circumstances, admission for detox can be completed within 24-72 hours (if an emergency) or within one week. We utilize not only the Marchman Act itself but also the Florida Rules of Civil Procedure and the court’s contempt power to achieve admission in an efficient time and manner.
Within 5-10 days of admission for detox ARLS will begin to take the next step in the Marchman Act process by filing a Treatment Petition if one has not previously been filed (and is warranted base on the clinician’s recommendation) and schedule a hearing date. ARLS will also subpoena all necessary witnesses needed to prove the Petition. The court will review this petition, hear all evidence as well as the treatment recommendation by the clinician, and decide whether to order the Patient/Respondent to comply with the recommendation. If the court orders treatment, the order will be in place for a period of up to sixty (60) days. If the Patient/Respondent voluntarily enters treatment prior to the treatment petition being granted ARLS will schedule a status of the case for the Patient/Respondent to appear before the Court within 2-3 weeks. Should the Patient/Respondent still be compliant with treatment yet another status will be requested. In essence, even though a treatment order has not been granted, the Patient/Respondent will recognize the possibility of said order being entered still exists.
During the treatment period, ARLS will monitor the Patient/Respondent and bring him/her before the court as many times as necessary to force compliance with the treatment recommendations during the initial sixty (60) day period. An extension can be filed for an additional ninety (90) days forty-five (45) days prior to the end of the sixty (60) day treatment period should the Patient/Respondent still meet Marchman Act criteria based on your medical professionals recommendation. Neither the court, ARLS nor the petitioner can dictate the level of care. It is our job to enforce the court order so that the Patient/Respondent receives the treatment they need as recommended by you t he provider.
Our goal is to utilize the law in such a way as to give you and your staff the maximum possibility for success. During the treatment period we always defer to the recommendation of your treatment staff. We explain to our clients that treatment can only be determined by your medical professionals. The Court can only order compliance. You determine what must be complied with. Our goal is to keep the reality of court intervention and its consequences alive as long as is necessary until the Respondent recognizes their need for care.