Marchman Act Order Not Followed? Know Your Next Steps

The Short Answer: A Marchman Act Order Is Enforced Through the Court

A Marchman Act treatment order is a court order, so a problem with it goes back to the court.

Florida’s Marchman Act sits in Chapter 397 of the Florida Statutes. It lets a judge order involuntary treatment for substance abuse impairment.

Once the order is entered, the judge keeps control of the case. The statute says the court “shall retain jurisdiction over the case and the parties.” That lets the court monitor treatment, change the treatment plan, and start contempt proceedings if someone violates a valid order.

Many families assume they can handle a missed session on their own. That assumption causes trouble. The safer route is to bring the concern to a lawyer first, who can present it to the court with the order in hand.

Why Families Should Bring in Counsel Rather Than Act Alone

Families should talk with a lawyer before taking steps on their own, because each step can affect the court case. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm’s lawyers can review where a case stands.

A first conversation can cover three things: the order in place, what has been reported about the person’s treatment, and the questions the family needs answered. Writing those down before the call helps.

The person named in the order has rights, too. Under Fla. Stat. § 397.681, a respondent has the right to counsel at every stage of the proceeding, but may waive that right if present and the court finds the waiver is made knowingly, intelligently, and voluntarily. A person who cannot afford a private lawyer has the right to court-appointed counsel. In Hillsborough County v. Albrechta, a Florida appeals court held that Marchman Act respondents have a constitutional right to counsel. If you are the person named in the order, a lawyer can explain your side of the case.

How the Court Reviews Compliance Under Florida’s Marchman Act

The court keeps oversight of a Marchman Act order and can review whether the person is following it. That review runs through the court.

A hearing can be set by a motion from either side or by the court’s own authority. For these ancillary proceedings, such as civil contempt, the motion and notice of hearing must be served in accordance with the relevant court procedural rules, under Fla. Stat. § 397.697.

At a hearing, the court hears all relevant evidence. That can include testimony from family members who know the person’s history. The court may also order drug tests.

Time limits matter. A renewal petition must be filed before the current period ends. The court must then schedule a hearing within 10 court working days, under Fla. Stat. § 397.6975. 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.” If no renewal is filed, the person is automatically discharged when the period ends, under Fla. Stat. § 397.6977.

What Courts May Consider When Noncompliance Is Raised

A judge looks at the facts placed before the court, including the order’s terms and what has been reported. How a judge rules depends on the facts and the judge. No result can be promised in advance.

The statute allows several responses. The court can keep monitoring, change the type of treatment, or start contempt proceedings for violating a valid order, under Fla. Stat. § 397.697. Release can also happen early.

The petitioner’s role matters. In J.C. v. State, the court failed to follow the applicable statute by essentially functioning as the absent petitioner. The court reversed an order where the trial judge called and questioned the only witness while the petitioner was absent. C.W.R.K. v. Stewart Marchman Act reaffirmed that rule in 2024. A Fourth District court reached a different view in J.J.J. v. D.G. and certified conflict. In J.J.J. v. D.G., the court wrote: “we certify conflict with R.S., J.W., and C.W.R.K., for the reasons stated above. Affirmed; conflict certified.”

Filing in the wrong place is another common mistake. A petition must be filed with the clerk in the county where the person is located, under Fla. Stat. § 397.681. In J.P. v. J.N., the court stated: “However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction.” That matters for families in Miami-Dade and across South Florida.

Related Questions: Marchman Act Criteria, Timelines, Baker Act, and Cancellation

The Marchman Act covers involuntary treatment petitions for substance abuse impaired persons, and courts have jurisdiction over those petitions. The questions below come up often when families first learn about the law.

What are the criteria for a Marchman Act order?

In D.H. v. K.J.R., the court stated: “petition did not establish a good faith reason to believe D.H. met the statutory criteria for involuntary assessment and stabilization, the trial court erred in entering the ex parte order.” Among other conditions, there must be good faith reason to believe the person has lost the power of self-control with respect to substance abuse and, in addition, either has judgment so impaired that he or she cannot appreciate the need for substance abuse services and make a rational decision about them (mere refusal of services is not enough), or, without care or treatment, is likely to suffer from neglect or refuse self-care in a way that poses a real and present threat of substantial harm to his or her well-being, or is substantially likely to inflict physical harm on himself, herself, or another.

How long does a Marchman Act treatment order last?

An initial order can last up to 90 days, under Fla. Stat. § 397.697. A renewal can add up to another 90 days, under Fla. Stat. § 397.6975. To learn what happens at the end, read what happens after a Marchman Act order ends.

What is the difference between the Baker Act and the Marchman Act?

The Marchman Act covers substance abuse impairment. Mental health crises fall under the Baker Act, a separate Florida law. Families often mix them up because both can involve a court.

Can a Marchman Act order be cancelled?

Early discharge may be available on several grounds under Fla. Stat. § 397.6971. These include no longer meeting the criteria and consenting to voluntary treatment; the risk of harm no longer existing, if that was the reason for admission; for someone admitted because they could not decide about their need for treatment, that inability ending or further treatment no longer being likely to bring significant improvement; no longer needing treatment services; or the provider’s director deciding the person is beyond the provider’s safe management capabilities. When a qualified professional finds a ground applies, the provider must discharge the person immediately. Other requests to change or end an order go to the court, usually with a lawyer’s help.

Talk With a Marchman Act Attorney About Your Family’s Situation

If your loved one has a Marchman Act order and is skipping treatment, you don’t have to decide the next step alone. The order is in place, the person isn’t following it, and the path forward feels unclear.

Call Robinson Casey at (561) 849-4149 or request a consultation. The firm serves families in Miami-Dade and across South Florida, and statewide.

The first consultation is free, confidential, and carries no obligation to continue. Richard J. Casey III, Esq. is the responsible attorney for this page.