Marchman Act Treatment Order After a Florida Hearing

Reading a Marchman Act order for someone you love can be stressful. Does it require treatment after the hearing in Florida? Not always.

The court can order treatment only after it makes findings, and the order’s exact terms decide what happens next. The steps involved are explained below in general terms.

Short answer: not every Marchman Act order sends the person straight into treatment

A Marchman Act order can require treatment, but the court has to get there first. Under Fla. Stat. § 397.697, the court may order involuntary treatment for up to 90 days. It does so only when the conditions are proved by clear and convincing evidence, meaning strong proof that leaves little doubt.

Some orders set an assessment first. Others order treatment with a named provider. Some end the case. The wording tells you which path applies, so read it slowly.

If you’re reading the order on a relative’s behalf, you may not have been in the courtroom. That’s common. Note the dates, the provider, and any language about assessment before you decide on a next step.

What a Marchman Act hearing is designed to decide

The hearing is where the judge decides whether involuntary services are warranted. The judge looks at evidence, not just the petition. Fla. Stat. § 397.6957 requires the court to hear all relevant evidence. That includes testimony from family members who know the person’s history and how it relates to the current condition. The court may also order drug tests.

Witnesses may testify remotely by audio-video technology, but they must give the parties their documents by the close of business the day before.

The court also has to move quickly. It schedules the hearing within 10 court working days unless a continuance is granted, under Fla. Stat. § 397.68151.

Who presents the proof matters. The full opinion in J.C. v. State is available for readers who want to review it. The court in J.C. v. State found that the trial court failed to follow the applicable statute by essentially functioning as the absent petitioner. A later Fifth District decision, C.W.R.K., applied that rule under the current statute. In C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare, the trial court failed to follow the governing statute when, in the absence of the petitioner, it called and questioned the health care professional who executed the involuntary services certificate. The Fourth District disagreed in J.J.J. v. D.G. and certified conflict. In J.J.J. v. D.G., the Fourth District affirmed and certified conflict with R.S., J.W., and C.W.R.K.

The court may order an assessment before any treatment

A court cannot order involuntary treatment without a clinical assessment. On presence at the hearing, Fla. Stat. § 397.6957 requires the respondent to be present unless the court finds he or she knowingly, intelligently, and voluntarily waives the right to be present or, after receiving proof of service and evaluating the circumstances of the case, that presence is inconsistent with his or her best interests or is likely to be injurious to self or others.

The assessing professional must file the clinical assessment by the close of business the day before the hearing. It must recommend a level of substance abuse treatment, if any. That recommendation carries real weight in what follows.

Emergencies move faster. Whether a petition is appropriate depends on the facts of your loved one’s situation, and reviewing those facts is what the consultation is for. In D.H. v. K.J.R., the trial court erred in entering the ex parte order.

When a treatment order requires substance abuse treatment

A treatment order sends the person to a licensed service provider for up to 90 days. The court may order a publicly funded provider. It may order a privately funded provider if the person has the ability to pay, or if any person on their behalf voluntarily demonstrates a willingness and an ability to pay for the treatment.

Outpatient treatment has its own rules. The person must be supported by a social worker, a case manager, or a willing, able, and responsible person the court appoints. Unless an exception applies, an assessment must expressly recommend outpatient services. If needed, the court may direct the sheriff to take the person into custody and deliver them to the provider.

The court keeps control after the order. Under Fla. Stat. § 397.697, the court can monitor compliance, change the treatment type, or start contempt proceedings for violating a valid order.

Treatment can end early. At the end of 90 days, the person is discharged automatically unless a renewal was filed, under Fla. Stat. § 397.6977.

Other outcomes after the hearing: dismissal or voluntary services

Not every petition ends in an involuntary order.

The first is dismissal. If the professional’s report gives no treatment recommendation, or recommends no treatment, the petition is dismissed under Fla. Stat. § 397.6957.

The second is voluntary services. Under Fla. Stat. § 397.6752, an involuntarily admitted person may be referred for voluntary admission. That requires written informed consent and a provider finding that the person no longer meets involuntary criteria.

Which path applies depends on the facts the court hears at the hearing, including the clinical assessment and the testimony.

What a family member should look for in the order

Start with the basics. Find the findings, any assessment requirement, the named provider, the service dates, and any conditions. Then check whether the order requires action now or sets a later review.

• Findings: what the judge found about the person’s condition.
• Assessment: whether one is required, who performs it, and by when.
• Provider: which licensed provider is named, and how it is funded.
• Dates: when treatment begins and when the 90-day period ends.
• Conditions: outpatient supports, drug tests, or other terms.

An assessment order is valid for 90 days. A treatment order runs up to 90 days, and a renewal of the order may be requested before the end of the 90-day period. Those time limits shape what the family should do next.

The person has a right to counsel at every stage of the proceeding, which they may waive only if present and the court finds the waiver is knowing, intelligent, and voluntary, under Fla. Stat. § 397.681. If they can’t afford private counsel, they have the right to court-appointed counsel, and the court must appoint counsel if it believes they need it, whatever their wishes. Raise questions about the wording early with a lawyer.

Timing matters: responding to a petition or counter petition

Deadlines in these cases move fast. The hearing must be set within 10 court working days unless it is continued. The court must provide a copy of the petition for renewal and the notice of the hearing to all parties and counsel to the proceeding.

If an ex parte order is not executed by the initial hearing date, it is deemed void, under Fla. Stat. § 397.6818. If the respondent does not appear, and the court reasonably believes the respondent meets the commitment criteria and that a substance abuse emergency exists, the court may issue or reissue an ex parte order valid for 90 days.

Renewal has its own clock. A renewal petition must be filed before the court-ordered services period expires, under Fla. Stat. § 397.6975.

Many families also ask about responding to a counter petition. Bring those questions to a lawyer early, because these timing rules can move quickly.

Talk with Robinson Casey about your loved one’s order

Robinson Casey is a Florida law firm that focuses on Marchman Act and guardianship matters. It serves families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page, and our team supports families through each step.

If you’re trying to understand an order for someone you love, you don’t have to sort it out alone. Call (561) 849-4149 or use our contact page to schedule a free first consultation. It’s confidential and carries no obligation to continue.

Our pages on involuntary commitment for addiction and Marchman Act attorney services in Miami-Dade and South Florida explain more.