Planning Marchman Act Discharge Aftercare for Your Family

A Marchman Act order moves an adult with a substance use problem from the court process into treatment run by a licensed provider. After the order, the questions change. Families ask about the treatment plan, discharge, and aftercare. Marchman Act discharge aftercare Florida questions usually start with state deadlines, so this guide starts there.

What the Marchman Act Order Sets in Motion

A Marchman Act order sends your loved one to a licensed treatment provider for up to 90 days. Under Fla. Stat. § 397.697, a court may order this only when it finds the conditions for involuntary treatment proved by clear and convincing evidence.

The order does not close the case. The court keeps jurisdiction. It can make further orders as needed, including monitoring treatment and starting contempt proceedings if a valid order is violated.

This page is for any family member at this stage. You may be a parent, spouse, sibling, or other relative. The sections below cover the treatment plan, the path through treatment, discharge, aftercare, and the concerns families raise most often.

What the Treatment Plan Covers

The treatment provider builds the treatment plan, not the family. The provider must assess your loved one’s medical and behavioral conditions and choose the most appropriate, least restrictive setting that fits their treatment needs (Fla. Stat. § 397.6751).

A plan typically covers the assessment findings, the substance use history, any co-occurring mental health concerns, the recommended level of care, and treatment goals. The involuntary criteria cover a person who is substance abuse impaired, or who has a substance use disorder and a co-occurring mental health disorder, and who, because of it, has lost the power of self-control over substance use and meets the other conditions in the statute (Fla. Stat. § 397.675).

The court stays involved. It can monitor compliance and change the treatment approach (Fla. Stat. § 397.697). Your practical role matters here. Give accurate history, list current medications and past treatment, and ask the provider to explain the plan in writing.

The Step-by-Step Path From Order to Treatment

After the order, your loved one goes to a licensed provider for assessment and treatment, for up to 90 days. Here is the typical sequence.

1. The order is entered. The court may direct a sheriff to deliver your loved one to the provider named in the order, or to the nearest appropriate licensed provider.
2. Assessment. The provider evaluates your loved one and prepares a treatment recommendation.
3. Treatment begins. Care starts at the level the plan supports.
4. Progress reviews. The court keeps jurisdiction and can hear matters about compliance and treatment changes.

Timelines depend on the order and the provider, so they vary by case. The date that matters most is the end of the 90-day period. A renewal petition must be filed before that period expires (Fla. Stat. § 397.6975).

Keep these items in one folder:

• A copy of the order and the case number
• The provider’s name, phone number, and contact person
• Hearing dates and the date the 90-day period ends
• A current medication list with doses
• Prior treatment records and dates
• Written notes from every call with the provider

Court records are confidential. The clerk may release them to listed people, such as the petitioner, the respondent, and their attorneys (Fla. Stat. § 397.6760).

What Discharge Means Under a Marchman Act Case

Discharge is the point when your loved one leaves the program. Florida law sets several ways this can happen.

• Automatic discharge. At the end of the 90-day period, your loved one is automatically discharged unless a renewal motion has been filed (Fla. Stat. § 397.6977).
• Renewal. The court must hold a hearing within 10 court working days, not more than 15 days after the petition is filed. If the court finds the renewal petition should be granted, it may order up to an additional 90 days (Fla. Stat. § 397.6975).
• Early release. Before the period ends, a person may be found eligible for discharge. One ground is that the person no longer needs treatment services (Fla. Stat. § 397.6971).
• Unsafe to manage. If the director of the provider determines the person is beyond its safe management capabilities, the person may be found eligible for discharge. It must report in writing to the referral source within 72 hours (Fla. Stat. § 397.6751).

Discharge is both a clinical decision and a legal event. Before discharge, ask the provider what criteria it used, what the readiness assessment found, and what level of care it recommends. Ask who will be notified. Personal belongings must be returned on discharge, even against medical advice (Fla. Stat. § 397.501).

Building an Aftercare Plan That Works Outside the Program

Aftercare is the support that continues after discharge. For Marchman Act discharge aftercare Florida families, state law sets the minimum parts. A discharge plan must document your loved one’s needs and how to address them. At a minimum, it covers:

• Follow-up behavioral health appointments
• How to get prescribed medications
• Living arrangements and transportation
• Referral to recovery support, including peer support

Florida’s aftercare framework goes further.

Build the plan with your loved one’s input and the provider’s recommendations. Add daily structure and a written plan for responding to relapse. Ask the provider to put aftercare recommendations and referrals in writing before discharge.

Referral to voluntary treatment requires written informed consent, and it applies when the service provider determines that your loved one no longer meets involuntary criteria (Fla. Stat. § 397.6752). Provider consent forms matter too. A written consent to a use or disclosure may be paper or electronic and must include the name or other specific identification of the person authorized to make the disclosure, a specific and meaningful description of the information to be used or disclosed, the name(s) of the recipient(s), a description of each purpose of the disclosure, the patient’s signature (or that of an authorized person, where required), the patient’s right to revoke the consent in writing and how to do so (except to the extent the program or other lawful holder has already acted in reliance on it), and an expiration date or expiration event (42 C.F.R. § 2.31). Read each form before you sign.

Common Concerns Families Raise After an Order

Refusing help is not, by itself, evidence that your loved one lacks judgment. Florida law says mere refusal to receive services does not show a lack of judgment about the need for them (Fla. Stat. § 397.675).

Your loved one has the right to a lawyer at every stage of the proceeding. A person who cannot afford one has the right to a court-appointed lawyer. The clerk may not charge a fee to file the petition (Fla. Stat. § 397.681).

Which county hears the case is another common question. A Marchman petition is filed in the county where the person is physically located. However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction (J.P. v. J.N.). For more, see Marchman Act petitions by Florida county.

For an adult, a petition may be filed by a spouse, a legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the person’s substance abuse impairment and prior course of assessment and treatment (Fla. Stat. § 397.68112). Your role is usually to provide accurate, documented information.

Why Families Work With Robinson Casey

Robinson Casey focuses on Marchman Act petitions and guardianship matters, serving families across South Florida and statewide. Richard J. Casey III, Esq. is the lawyer responsible for this page.

Our team supports families through the petition, the order, the treatment stage, and questions about discharge and aftercare. Our lawyers and staff help families organize records, track dates, and prepare questions for the provider and the court.

Some matters may be referred to another lawyer or firm. If yours is, we will tell you.

The first consultation is free, confidential, and carries no obligation to continue.

Frequently Asked Questions

Talk Through Your Loved One’s Situation With Robinson Casey

If your loved one is under a Marchman Act order, you may be juggling court dates, provider paperwork, and worry about what happens after the 90 days. You do not have to sort out discharge and aftercare alone. Call (561) 849-4700 or request a consultation to talk through where the case stands and which questions to bring to the provider.