Your Loved One's Treatment Period Is Ending. Here Is What Comes Next.

A Marchman Act treatment period is a court-ordered stretch of involuntary treatment, and under current Florida law it can last up to 90 days. When that period nears its end, the order ends automatically unless a renewal petition is filed in time. This page explains that sequence, the discharge planning that must happen, and the rights a person keeps. It’s written for families trying to understand a Marchman Act treatment period while a loved one is still in care.

What Is a Marchman Act Treatment Period?

A Marchman Act treatment period is the time a person spends in court-ordered involuntary treatment, capped at 90 days for the first order. The current statute says a court may order involuntary treatment services for a period not to exceed 90 days (Fla. Stat. § 397.697).

The court can order treatment only after it finds the conditions proven by clear and convincing evidence. Under Fla. Stat. § 397.697, the order may run for a period not to exceed 90 days.

The case starts with a petition. Under Fla. Stat. § 397.681, it is filed with the clerk of the court in the county where the person is located. The clerk may not charge a fee for filing it.

How Does the Court Track the Treatment Period?

The court sets the length of treatment in its order and keeps control of the case while that order is in effect. Under Fla. Stat. § 397.697, the court keeps jurisdiction over the case and the parties. It can enter further orders as circumstances require, including orders to monitor compliance with treatment.

The order also says where the person goes. The court may direct a sheriff to deliver the person to the licensed service provider named in the order, or the nearest appropriate one. The original order must also state the court’s requirements for notice of any proposed release. Check that detail early, because it tells you who must be told when the end date gets close.

Court records stay protected. Petitions, court orders, and related records are confidential under Fla. Stat. § 397.6760. The clerk may release them to listed people, including the petitioner, the respondent, and the respondent’s attorney.

What Happens When the Treatment Period Reaches Its End?

If no renewal motion is filed, the person is discharged automatically when the 90-day period ends. Under Fla. Stat. § 397.6977, the provider must document the person’s needs and the steps to meet them before discharge. At a minimum, that plan covers:

• Follow-up behavioral health appointments.
• How to obtain prescribed medications.
• Available living arrangements and transportation.
• Referral to recovery support opportunities.

The period can also end early. Under Fla. Stat. § 397.6971, a person may be found eligible for discharge before the period ends. One ground is that the person no longer needs treatment services. Another is that the person no longer meets the criteria for involuntary admission and has given informed consent to move to voluntary treatment. When a qualified professional makes that finding, the provider must discharge the person immediately. The provider must also notify everyone the court named in the original order.

Which path applies depends on the facts of the case and what the provider’s assessment shows.

Can a Marchman Act Treatment Order Be Extended?

Yes, but only through a renewal petition filed before the period expires. Under Fla. Stat. § 397.6975, the petition must be filed before the court-ordered period ends. The service provider can file it. So can the person who filed the original petition, if it comes with supporting documentation from the provider.

The court must schedule a hearing within 10 court working days. Fla. Stat. § 397.6975 reads: “The hearing is conducted pursuant to ss. 397.6957 and 397.697 and must be held before the circuit court unless referred to a magistrate.” That hearing must be held no more than 15 days after filing. Fla. Stat. § 397.6975 reads: “The hearing is conducted pursuant to ss. 397.6957 and 397.697 and must be held before the circuit court unless referred to a magistrate.” The court must give the renewal petition and hearing notice to all parties and counsel. If renewal is granted, the court may order up to an additional 90 days.

At the hearing, the court reviews all relevant evidence. Under Fla. Stat. § 397.6957, that can include testimony from family members who know the person’s history. Testimony is under oath, and the proceedings are recorded. The respondent must be present unless the court accepts a knowing, intelligent, and voluntary waiver or, after receiving proof of service and evaluating the circumstances of the case, finds that the respondent’s presence is inconsistent with his or her best interests or is likely to be injurious to self or others.

The petitioner carries the burden of proof.

Can a Marchman Act Case Be Dropped or Ended Early?

A person can be released early when the statutory grounds apply, but the court’s order still controls the case. Because the court keeps jurisdiction after an order is entered, it can enter further orders as circumstances require, and the original order sets who must be notified of a proposed release.

A common mistake is waiting until the final days to think about renewal. The renewal petition must be filed before the period expires, and the hearing schedule starts from filing. Early planning keeps your options open and your timeline clear.

What Rights Does a Person Keep Under a Marchman Act Order?

The person keeps the right to a lawyer at every stage, unless the person is present and the court finds that the person knowingly, intelligently, and voluntarily waives it, and the right to challenge detention in court. Under Fla. Stat. § 397.681, a respondent has the right to counsel at every stage of a judicial proceeding about involuntary treatment for substance abuse impairment, but the respondent may waive that right if present and the court finds the waiver is made knowingly, intelligently, and voluntarily. A respondent who desires counsel and is unable to afford private counsel has the right to court-appointed counsel. Under Fla. Stat. § 397.681(2), a respondent has the right to counsel at every stage of a judicial proceeding relating to a petition for his or her involuntary treatment for substance abuse impairment.

The petition questions the cause and legality of the retention.

The respondent may also refuse to testify at the hearing. Families should also understand the confidentiality rules. Our family confidentiality guide covers who can receive court records under those rules.

How Should Families Plan for Care After Treatment?

A written discharge plan is the main tool for care after the order ends. Under Fla. Stat. § 397.6977, the plan must address follow-up care, medications, housing, transportation, and recovery support. Ask early what the plan says about each one.

The plan must explain how to get prescribed medications, not just note that they’re needed. Ask for those specifics in writing.

The petition goes to the clerk in the county where the person is located.

If the situation began with an overdose, our guide on Marchman Act petitions after an overdose covers the first steps.

Talk With a Marchman Act Attorney About Your Situation

A family facing a treatment end date often needs a clear answer about the next legal step. Robinson Casey focuses on Marchman Act petitions and guardianship matters, and serves families across South Florida and statewide.

If a loved one’s treatment period is ending and you’re unsure what comes next, we’re glad to talk through your situation. Call (561) 849-4149 or send us a message. Richard J. Casey III, Esq. is the responsible lawyer for this page. The first consultation is free, confidential, and carries no obligation to continue.