Can People Leave Rehab in Florida? Marchman Act Rules

You may be asking this because a loved one in treatment wants to leave, or because you’re worried they will try. Are people in rehab allowed to leave? A person who entered voluntarily can generally ask to leave, but a person held under a Florida court order cannot simply walk out.

Robinson Casey focuses on Marchman Act petitions and guardianship matters, and we serve families across South Florida and statewide. This page explains each path, the medical risks of leaving early, and what family members can do right now.

The short answer: it depends on how your loved one entered treatment

The answer turns on whether your loved one came in voluntarily or under a court order. Florida law treats the two paths differently.

A person who wishes to enter treatment for substance abuse may apply to a service provider for voluntary admission, under Fla. Stat. § 397.601. Court-ordered treatment falls under the Marchman Act, Chapter 397 of the Florida Statutes. A court decides whether it applies. A court-ordered patient is in treatment because a judge found the legal standard was met.

For a broader overview, see our guide to involuntary commitment for addiction.

Leaving treatment on your own terms

Each program sets its own discharge steps, so the first move for family is to ask the care team what applies.

A planned discharge usually includes a conversation with the care team, a written discharge plan, and arrangements for aftercare, the support that follows treatment. Ask the team to walk you through each step.

Florida law also gives voluntary patients a choice about sharing information. Within 24 hours of admission, a provider must document that it offered each voluntarily admitted person the option to authorize release of their clinical record to a health care surrogate or proxy, an attorney, a representative, or another known emergency contact. Ask whether your loved one has made that choice, and whether you are listed as an emergency contact.

What leaving against medical advice means

Leaving against medical advice, often shortened to AMA, means leaving treatment when the care team has advised against it. From the outside it can look like a planned discharge. The difference is whether the care team agreed the person was ready to go.

Leaving early can interrupt treatment that is helping. If the problem is alcohol use disorder, treatment is available. It may include behavioral therapies and, for some people, medication for withdrawal or AUD. Some people need structured residential rehabilitation, according to MedlinePlus alcohol use disorder treatment.

The care team may explain what leaving could mean for your loved one’s health. Before anyone goes, ask which symptoms or safety signs need urgent medical attention, and write the answer down. The rules for court-ordered patients are different, and the next section covers them.

When a court order changes the answer

A court order changes who decides when release happens. Under Florida law, a person admitted involuntarily may be released without a further court order only by a qualified professional, in a hospital, detox facility, addictions receiving facility, or less restrictive treatment component, under Fla. Stat. § 397.6758.

A judge may order involuntary treatment for up to 90 days when the conditions are proved by clear and convincing evidence. It can also start contempt proceedings for violating a valid order, under Fla. Stat. § 397.697.

The criteria appear in Fla. Stat. § 397.675.

Fifth District law adds a point about the hearing. In a C.W.R.K. Fifth District opinion, the court reaffirmed that the petitioner must carry the burden of proof. A judge may not call the professional to supply the petitioner’s case when the petitioner is absent. A Fourth District court reached a different result and certified conflict, so this is Fifth District law, not a statewide rule. The 2024 amendments may affect how that dispute plays out.

For related rules, see involuntary psych hold rules in Florida.

If your loved one is trying to leave right now

Start by talking with the care team today. Ask whether your loved one is there voluntarily or under a court order, and what that status means for discharge.

Write down the facts: the date, the time, what was said, and who was present. A clear record helps any lawyer you talk with later.

If there is a medical emergency or immediate danger, call 911 now. Safety comes before any legal step.

Family members also have a role in a court case. Under Fla. Stat. § 397.68112, an adult’s petition for involuntary treatment may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment. Some families also find these guides helpful: a guide on a son’s drug addiction and a guide on a daughter’s drug addiction.

Quick answers

Can someone be forced to stay in rehab in Florida? Yes, a court may order involuntary treatment for up to 90 days when the legal standard is proved by clear and convincing evidence, and the order may be renewed under Fla. Stat. § 397.6975 before the 90-day period ends, under Fla. Stat. § 397.697.

Is there a fee to file? No, the clerk may not charge a fee to file a petition, under Fla. Stat. § 397.681.

Talk with Robinson Casey about your options

A court-ordered treatment case involves specific rules, so an early conversation with a lawyer can clarify where your loved one stands. Questions about timing, paperwork, and who can file are a good place to start. Under Florida law, a respondent has the right to counsel at every stage of the proceeding, though the respondent may waive that right if present and the court finds the waiver is made knowingly, intelligently, and voluntarily. The Second District has treated that right as a matter of due process in Hillsborough County v. Albrechta.

Robinson Casey focuses on Marchman Act petitions and guardianship matters, including involuntary commitment for addiction. Our team serves families across South Florida and statewide. Your first consultation is free, confidential, and carries no obligation to continue.

If you are sitting with a loved one who wants out of treatment, or who may need court-ordered care, you don’t have to work through the rules alone. Call (561) 849-4149 or request a consultation.

Responsible lawyer: Richard J. Casey III, Esq., Robinson Casey.