Bringing a Loved One Home from the Hospital? Get Clear Guidance for Your Family

The Marchman Act is a Florida court process for adults and minors whose substance use impairs their judgment. When a loved one is about to leave a hospital or treatment facility, this process can shape what happens next. This guide explains who can file, how the court process works, and what discharge planning should cover.

Richard J. Casey III, Esq. is responsible for this page. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, serving families across South Florida and statewide.

What the Marchman Act Is and Who It Helps

In Hillsborough County v. Albrechta, the court concluded that because due process is implicated, a defendant has a constitutional right to be represented by counsel in Marchman Act proceedings. It gives families and others a way to ask a judge for help when substance use has taken control.

Under Fla. Stat. § 397.675, a person may meet the criteria for involuntary admission. The test is a good faith reason to believe the person is substance abuse impaired.

The law also covers a person who has a substance use disorder and a co-occurring mental health disorder. Mental health crises that do not involve substance use fall under a different Florida law, the Baker Act.

The Marchman Act is Florida-specific. Other states have their own rules, so the steps here apply only to cases in Florida.

Who Can File a Petition and What It Must Show

For an adult, a petition can be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the substance abuse impairment and his or her prior course of assessment and treatment. The respondent is the person the petition is about.

For an adult, a petition for involuntary treatment services may be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment (§ 397.68112). It must state how they are related. It must also give the facts that support the need for help.

The factual allegations must demonstrate the reasons described in Fla. Stat. § 397.68141. Why the petitioner believes the person is impaired. Why the person, because of the impairment, has lost the power of self-control with respect to substance abuse, and either why the petitioner believes the person has inflicted or is likely to inflict physical harm on himself, herself, or others unless the court orders the involuntary services, or why the person’s refusal of care rests on judgment so impaired by substance abuse that he or she is incapable of appreciating the need for care and of making a rational decision regarding that need for care.

The clerk may not charge a filing fee for the petition. In one Fifth District case, a petition filed in the wrong county was treated as a venue problem, not a loss of the court’s power to act (J.P. v. J.N.).

Gather specific facts before you file. Write down dates, what happened, and who saw it. Vague statements like “he’s out of control” give a judge less to work with than a clear timeline.

How the Marchman Act Process Unfolds, Step by Step

The process moves from filing to a clinical assessment, then to a hearing, and possibly to court-ordered treatment.

1. Filing and counsel. The court decides whether the respondent has a lawyer or needs one appointed (§ 397.68151). The respondent has a right to counsel at every stage, which the respondent may waive if present and the court finds the waiver is made knowingly, intelligently, and voluntarily (§ 397.681).
2. Hearing. Testimony is taken under oath and recorded. The court hears family members who know the person’s history. The respondent may refuse to testify.
3. Order. If the judge finds the conditions proved by clear and convincing evidence, treatment may last up to 90 days (§ 397.697).

The law sets these limits, but the actual schedule depends on the facts and the court’s calendar.

In the Fifth District, the petitioner must present the case. The 2024 amendments may affect the issue.

Hospital Discharge Planning: What Happens When a Loved One Is Released

Discharge is the point when a person leaves a hospital, detox unit, or receiving facility. Florida law limits who can release an involuntarily admitted person and sets what the discharge plan must cover.

Only a qualified professional in a hospital, a detoxification facility, an addictions receiving facility, or any less restrictive treatment component can release an involuntarily admitted person without a further court order (§ 397.6758). If a court ordered the admission, notice of release goes to the petitioner and the court.

A person may be discharged early. A person may be discharged early, before the 90-day period ends, when they no longer meet the criteria for involuntary admission and have given informed consent to transfer to voluntary treatment status, when the likelihood of harm no longer exists, when they no longer need treatment, or on other listed grounds such as the provider’s director finding them beyond its safe management capabilities (§ 397.6971).

Court-ordered treatment ends automatically after 90 days unless a renewal motion is filed (§ 397.6977).

The discharge plan must document these items:

• Follow-up behavioral health appointments
• How to obtain prescribed medications
• Living arrangements and transportation
• Referrals to recovery support

Before discharge, ask the treating team three questions. What level of care is recommended? Which medications continue? When are the follow-up appointments? Ask for the answers in writing.

A common mistake is focusing only on the discharge date. The plan’s contents matter more than the date.

Family members provide facts and context. The court and the treating professionals make the legal and clinical decisions.

Marchman Act and Baker Act: Key Differences

The Marchman Act covers substance abuse impairment. The Baker Act is a separate Florida law for mental health crises.

• Marchman Act: substance use impairment, a Chapter 397 process, a petition to the court.
• Baker Act: mental health crises, a separate Florida law.

Some situations involve both. Florida’s criteria can cover a substance use disorder with a co-occurring mental health disorder. Which process fits depends on the facts presented to the court.

Bring the specific circumstances to a consultation. That helps identify the right process.

Why Families Work With Robinson Casey

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters.

Richard J. Casey III, Esq. is responsible for this page. Our team includes support staff who help families gather documents and keep track of court dates and hearing schedules.

We focus on clear communication. We explain each step, what the court reviews, and what the family is asked to do.

If a matter may be better handled by another lawyer or firm, we will say so.

Frequently Asked Questions About the Marchman Act

Talk With Robinson Casey About Your Family’s Situation

If you’re watching a relative struggle with substance use, or a hospital discharge date is close, you may feel you have no time to think. You don’t have to sort out the law on your own.

Our team can walk through your family’s specific facts with you. The first consultation is free, confidential, and carries no obligation to continue. Call (561) 849-4700 or request a consultation.