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Involuntary Assessment & Intervention: Where the Marchman Act Could Change Your Practice

This 60-minute presentation provides an in-depth look at Florida’s Marchman Act and how it can be used as a critical legal and clinical tool in responding to substance use crises. Aimed at legal, behavioral health, and treatment professionals, the session outlines the process for securing involuntary assessment and treatment for individuals whose substance use has rendered them incapable of making rational decisions about their care.

Participants will learn how to determine when a Marchman Act petition is appropriate, how to identify individuals who meet the legal criteria, and how to navigate the multi-step process — from filing to enforcement of treatment orders. The presentation explains key statutory definitions, the roles of petitioners and providers, and common barriers such as treatment refusal and law enforcement limitations. Guidance is offered on how attorneys, families, and facilities can coordinate to ensure successful outcomes.

In addition to Florida-specific procedures, this session includes a comparative overview of involuntary substance use and mental health treatment laws across various U.S. states. The presentation highlights similarities and key differences in legal standards, treatment timelines, and due process protections. Attendees will gain insights into national trends, emerging models, and what Florida professionals can learn from other jurisdictions.

Real-world case law, including Burley v. The Village South, and supporting research studies will be used to explore outcomes and effectiveness. The session closes with a review of provider responsibilities, the role of the court in monitoring compliance, and practical takeaways for implementing this tool in both clinical and legal practice.

By the end of the hour, attendees will walk away with a clear understanding of how to use the Marchman Act — and similar laws in other states — as part of a comprehensive strategy to help individuals access care before it’s too late.

Topics covered include:

Health Law Law Practice

Agenda:

Introduction & Objectives

Welcome and brief overview of goals of presentation
Importance of understanding involuntary intervention laws

The Basics of the Marchman Act

What it is and who it’s for
Difference between assessment and treatment orders
Role of the petitioner

When To Recommend the Marchman Act

Warning signs and family scenarios
Escalation from use to impairment
When denial prevents voluntary treatment

Identifying the Right Patient

Clinical and behavioral indicators
Patterns of treatment resistance and risk
Legal threshold documentation

Marchman Act Criteria & Legal Standards

Clear and convincing evidence
Defining substance abuse impairment
Legal requirements under F.S. 397.311

Step-by-Step Legal Process

Emergency petition and ex parte orders
Role of attorney, family, and facility
What happens when the patient flees

Challenges With Pre-Admission Assessments

Coordination breakdowns
Police limitations
Lobby assessments and workaround strategies

Treatment, Extensions, and Contempt

72-hour assessment and treatment orders
Authority of the facility
Contempt of court consequences

State-by-State Comparison

Highlight differences between Florida and other states
Overview of key models and legislative trends

Case Law & Research Highlights

Burley v. Village South
Clinical outcomes: voluntary vs. involuntary
Practical implications for clinicians and attorneys

Final Takeaways and Call to Action

Collaboration is key
Early intervention saves lives
How to reach out for guidance

Questions & Answers (as time permits)

Duration of this webinar: 60 minutes

Originally broadcast: October 7, 2025 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction and Speaker Background

Craig Robinson, the speaker, is introduced as a partner at Robinson & Casey, PLLC, with experience in the legal side of addiction and mental health treatment. Craig provides an overview of the Marchman Act, a law focused on involuntary treatment for substance use and mental health disorders. He aims to provide a legal framework and illustrate scenarios where the Marchman Act is applicable.

04:54 Overview of the Marchman Act

Craig discusses the Marchman Act, a Florida law for involuntary admission and treatment of individuals with substance use disorders. He explains the two-phase process: assessment and stabilization, followed by treatment services. The Act allows for court orders to facilitate involuntary admission; Craig emphasizes its civil nature rather than criminal. He highlights scenarios where the Act is applicable, such as refusal to enter treatment or leaving against clinical advice.

24:16 Legal Criteria and Process

Craig elaborates on the criteria for filing a Marchman Act, including the individual's refusal of voluntary treatment and the presence of substance use disorder. He emphasizes the importance of credible testimony from family members in court proceedings. The Act is applicable when individuals are in harm's way due to substance use, and families have exhausted voluntary options. Craig discusses the legal criteria for involuntary treatment, including the need for clear and convincing evidence of substance abuse impairment. He highlights the role of clinicians in assessing individuals and the importance of treatment recommendations in court proceedings.

33:30 Collaboration with Behavioral Health Professionals

Craig discusses collaboration with behavioral health professionals, emphasizing the importance of communication and pre-admission assessments. He highlights the role of therapists, interventionists, and case managers in coordinating treatment under the Marchman Act. Confidentiality laws and good cause exceptions are addressed, allowing for limited sharing of assessment results with attorneys. Craig notes the importance of aligning families and facilities before filing petitions to ensure smooth transitions. He emphasizes the civil nature of the Marchman Act and the use of civil contempt to enforce compliance with court orders.

47:34 Court Procedures and Challenges

Craig outlines court procedures and challenges related to the Marchman Act, including the assessment phase and the role of qualified professionals. He discusses the importance of timely submission of assessment reports and treatment recommendations. Craig highlights the challenges in defining 'medical condition' and the discretion of service providers in extending observation periods. He notes the removal of the 10-day filing requirement for extensions, allowing for more flexibility in filing petitions. Confidentiality issues are addressed, with facilities authorized to report noncompliance to the court.

52:09 Comparative Analysis with Other States

Craig compares the Marchman Act with similar laws in other states, noting its long-term treatment focus and non-lockdown facilities. He highlights the differences between the Marchman Act and laws like California's 5150 and Florida's Baker Act. Craig emphasizes the importance of selecting quality treatment facilities, particularly in states with fewer options. He mentions ongoing legislative efforts in Pennsylvania to introduce similar laws, expressing hope for their passage. Craig underscores the lifesaving potential of the Marchman Act, supported by feedback from families and respondents.

56:46 Case Studies and Research

Craig presents case studies and research, including a wrongful death case involving the Marchman Act and a study on involuntary treatment efficacy. He emphasizes the duty of facilities to make appropriate referrals under the Marchman Act. Craig discusses a study comparing voluntary and involuntary treatment, finding no difference in efficacy. He highlights the importance of giving individuals a chance at recovery through involuntary treatment. Craig answers audience questions, addressing evidentiary showings, ethical navigation, and coordination with law enforcement.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

New Jersey CLE

Status: Approved

Credits: 1.20 General

Earn Credit Until: October 6, 2026

North Carolina CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 General

Difficulty: All Levels

Earn Credit Until: December 31, 2025

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: September 30, 2026

This presentation is approved for one hour of General CLE credit in California, North Carolina, and South Carolina (all levels). This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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Speaker

Craig Robinson Owner, Attorney, and Chief Relationship Officer
Robinson & Casey, PLLC

Craig Robinson is a partner at Robinson & Casey, PLLC, a law firm devoted to helping families navigate the challenges of addiction and mental health by securing access to life saving treatment for their loved ones. With licensure to practice law in Pennsylvania, New Jersey (since 2008), and Florida (since 2020) — as well as federal admission to the U.S. District Courts for the Eastern District of Pennsylvania, the District of New Jersey, and the Southern District of Florida — Craig brings a wealth of legal experience to every case. Read More ›