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The Marchman Act, officially the "Hal S. Marchman Alcohol and Other Drug Services Act of 1993", is a Florida law that provides a means of involuntary and voluntary assessment and stabilization and treatment of a person allegedly abusing alcohol or drugs.
In the state of Florida, child endangerment is covered under the child abuse laws. It includes willful torture, malicious punishment, aggravated battery and willful caging of a child. Florida's law also includes causing great bodily harm, lifelong disability or permanent disfigurement of the child.
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.
Children with parents who use substances are at an increased risk for child maltreatment. Drugs and alcohol inhibit a parent's ability to function in a parental role and may lessen impulse control, allowing parents to behave abusively.
What Does it Mean to Be an Unfit Parent in Florida? Florida Statute §751.05 states that the court must find that a parent has abandoned, abused, or neglected a child to find that a parent is unfit. A parent may also be found unfit if the parent has a mental illness or substance abuse problem.
Florida Statutes Title XLVI Chapter 827.03(e) defines neglect as: When a caregiver fails or omits to give a child the necessary supervision, care, and services needed to maintain the child's mental and physical health.
(i) Engages in violent behavior that demonstrates a wanton disregard for the presence of a child and could reasonably result in serious injury to the child. (j) Negligently fails to protect a child in his or her care from inflicted physical, mental, or sexual injury caused by the acts of another.
'Neglect' means negligent treatment or maltreatment of a child, including the failure to provide adequate food, clothing, shelter, medical treatment, or supervision. The term 'abuse' includes nonaccidental mental injury.
It provides background information on the plan and reviews progress against 6 key outcomes: Children live in safe and supportive families and communities; Children and families access adequate support to promote safety and intervene early; Risk factors for child abuse and neglect are addressed; Children who have been
The petition can be filed by a spouse, relative, or guardian, or by three concerned unrelated individuals who have witnessed the uncontrollable drug/alcohol use. Emergency petitions can also be filed by a physician, therapist or law enforcement officer.