Marchman Act Attorney Florida: Hospital Discharge Options

Your loved one is leaving the hospital, and no addiction treatment is lined up. You may wonder whether anyone can still act. A hospital can discharge a patient once its medical team decides the patient no longer needs hospital-level care. That decision is separate from whether the person has entered treatment. It does not by itself end your options under Florida’s Marchman Act.

This page covers the hospital side, the court side, and the steps you can take in between. The details depend on the facts of each case.

Can a hospital discharge an addicted adult without treatment in Florida?

Yes, a hospital can discharge an adult without a treatment plan once its medical team judges that hospital care is no longer needed. Discharge decisions rest on medical judgment and the hospital’s own rules. They don’t depend on whether a treatment bed is open.

A person who is medically stable may leave with an addiction problem still unresolved. Discharge planning may or may not include referrals to treatment. That’s why it helps to ask questions early and clearly.

Ask the care team to explain the reason for discharge in plain words. Ask for the written discharge summary and a list of any referrals or follow-up visits. Different staff members may give different answers, so write down who said what and when.

What is the Marchman Act, and who can file a petition?

The Marchman Act is Florida’s law for involuntary assessment, stabilization and treatment of people with substance use problems. The Florida Department of Children and Families publishes general information about the Marchman Act.

For an adult, the law names who may file. That list includes the person’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s substance abuse and prior treatment. See § 397.68112. The person named in the petition is called the respondent.

Where you file matters. Under § 397.681, a petition goes to the clerk of the court in the county where the person is located. The clerk may not charge a fee to file it. Venue is a separate question from jurisdiction.

The same section gives the respondent the right to a lawyer at every stage, which the respondent may waive only if present and the court finds the waiver is knowing, intelligent, and voluntary. A respondent who wants a lawyer and can’t afford one has the right to court-appointed counsel.

How does a recent hospital stay affect a petition?

A recent stay can matter. Under § 397.68111, a person may be the subject of a petition if they were placed under protective custody within the previous 10 days. The same is true after an emergency admission within 10 days, or an assessment by a qualified professional within 30 days. The statute also covers a person who reasonably appears to meet the involuntary admission criteria.

The core test comes from § 397.675. There must be a good-faith reason to believe the person is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder. Because of that impairment, the person must have lost the power of self-control over substance use. The person must also meet one of several further tests, such as a real and present threat of substantial harm without care.

In an emergency, a court may enter an ex parte order for assessment and stabilization without first appointing an attorney. See § 397.6818. A Florida appeals court also held in D.H. v. K.J.R. that an ex parte order must rest on petition facts that give a good-faith reason to believe the criteria are met.

What does a discharge without treatment mean for your family?

A discharge with no treatment plan raises practical worries. You may ask where your loved one will sleep, whether follow-up care is booked, and who will watch for safety risks. Those are reasonable questions to bring to the care team and to a lawyer.

The rules change if your loved one was held under an involuntary order. An involuntarily admitted person may be released without a further court order only by a qualified professional in certain settings. When a court ordered the treatment, notice of release goes to the petitioner and the court. See § 397.6758.

Families also face a timing question. A petition can be considered after a recent stay, as long as the statutory timing fits. Acting sooner gives you more time to review your options. If your concern is a spouse at home rather than a hospital discharge, a separate guide on court-ordered treatment for a spouse who drinks at home covers that situation.

What should you document and ask for right now?

Start by writing down what you see and hear, and ask for discharge paperwork in writing. Clear notes help you explain the facts later.

• Dates and times of each visit and each discharge conversation.
• The names of staff members who spoke with you, and what each one said.
• The stated reason for discharge, plus any treatment or follow-up appointments and referrals.
• Recent behavior you have seen, such as dangerous acts, and any prior treatment attempts you know about.

These facts line up with what a petition must explain. Under § 397.68141, a petition must give the reason you believe the person is impaired, the reason they have lost self-control, and either the reason they are likely to harm themselves or others without court-ordered services, or the reason their refusal of care is based on judgment so impaired by substance use that they cannot appreciate their need for care.

If you are comparing paths, a separate comparison of drug court and involuntary treatment in Florida explains how the two options differ.

Questions families ask about a Marchman Act petition after a hospital stay

For the wider overview of the process, see our pillar guide on involuntary commitment for addiction in Florida.

Agreement by the person is not on that list of filing requirements.

Does filing a petition cost money? The clerk may not charge a fee to file the petition, under § 397.681.

A respondent who wants a lawyer and can’t afford private counsel has the right to court-appointed counsel.

Talk with Robinson Casey about your family’s situation

If your loved one is leaving a hospital with no treatment plan, you can talk through the facts with Robinson Casey. Robinson Casey offers a free first consultation that is confidential and comes with no obligation to continue.

Richard J. Casey III, Esq. is the responsible lawyer for this page.

To set up a consultation, call (561) 849-4149 or visit the contact page.