Marchman Act

1. Confirm involuntary-admission criteria

There must be a good-faith reason to believe the person is substance-abuse impaired, or has a substance-use disorder with a co-occurring mental-health disorder, and because of that impairment or disorder:

• Has lost the power of self-control regarding substance abuse; and
• Has impaired judgment that prevents appreciation of the need for services or a rational decision about them—mere refusal alone is not enough; or
• Without care or treatment, is likely to neglect self-care, creating a real and present threat of substantial harm that cannot apparently be avoided through responsible help or other services; or
• Has inflicted, threatened, or attempted physical harm, or is likely to inflict physical harm on self or another unless admitted.

2. Confirm protective-custody circumstances

An officer may implement protective custody when a minor or adult who appears to meet the criteria is brought to law enforcement's attention or is in a public place.

3. Use voluntary assistance when available

With consent, the person may be assisted to their home, a hospital, or a licensed detoxification or addictions receiving facility—whichever the officer determines is most appropriate.

4. If the person refuses assistance

After considering the person's expressed wishes, an officer who determines a hospital or licensed detoxification or addictions receiving facility is most appropriate may take the person there against their will without unreasonable force. For an adult, the officer may instead detain the person for protection in a municipal/county jail or other appropriate detention facility.

5. Complete the protective-custody report

For transport without consent, use the Department's standard form and document the circumstances. Include readily accessible emergency-contact information, including information available through FDLE or DHSMV databases. The report becomes part of the clinical record.

6. Notify family or emergency contacts

Notify the nearest relative of a minor. For an adult, notify the nearest relative or another known emergency contact unless the adult requests no notification. Document notification efforts in the written report.

7. If an adult is detained for protection

This is not an arrest; no record may indicate the person was detained or charged with a crime. The detention facility must notify the nearest appropriate licensed service provider within eight hours and arrange transport as needed.

8. Know the assessment timeline

A person in protective custody must be assessed by the attending physician without unnecessary delay and within 72 hours. The person must be released when criteria no longer exist, the 72 hours expires, or the person consents to stay voluntarily—unless a petition for involuntary assessment or treatment is timely initiated.