Your Loved One Left Rehab Early? Here Is What to Do Next

If an adult left rehab early in Florida, write down what happened and speak with a lawyer quickly. Whether a court can order that person back into treatment depends on the facts and on a judge’s decision under chapter 397 of the Florida Statutes, known as the Marchman Act. This page explains the general process. It does not decide any individual case.

The Short Answer: What a Family Should Do First

Write down the facts now, then call a lawyer soon. Timing matters under Florida law.

The Marchman Act uses short windows. A person may be the subject of a petition if they reasonably appear to meet the criteria for involuntary admission, were placed under protective custody or had an emergency admission within the previous 10 days, or were assessed by a qualified professional within the previous 30 days. A petition may also rest on an assessment by a qualified professional within the previous 30 days (§ 397.68111).

Those windows are a reason to act early. They are not a promise of any result. Gather what you know, keep copies of every paper, and write down dates while they are fresh.

What Leaving Treatment Early Can Look Like

Leaving early usually takes one of a few forms. The adult may walk out of a residential program. They may leave after a visit or pass and never return. Or they may refuse to continue after intake.

Families often worry about safety. That worry is usually tied to ongoing substance use and the person’s health.

The statute sets specific criteria. A person may be the subject of a petition if they reasonably appear to meet the criteria for involuntary admission in § 397.675, which requires that the impairment has caused a loss of self-control. The person must also either need services and be unable to make a rational decision about them, or be likely to neglect self-care in a way that poses a real and present threat of substantial harm, and it must not be apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services (§ 397.675). Harm to self or others is another ground under the same section: there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.

Document What Happened, Starting Today

Start a written timeline the same day you learn the person has left. A running log is more useful than memory, because dates blur under stress.

Record these facts as they happen:

• The date and time the person left, and the program name
• Who was present and what staff said
• What the person said about substance use or about returning
• Missed calls, texts, or visits since leaving
• Incidents with dates, such as intoxication, overdose signs, or unsafe situations

Keep texts, call logs, voicemails, intake papers, discharge papers, and any written notices. Do not delete them.

Your timeline matters because a petition must include factual allegations. The petition must give the reason you believe the person is substance abuse impaired and has lost the power of self-control. It must also give the reason you believe the person faces harm or cannot make a rational decision about care (§ 397.68141). Note any assessment, too. If the person was not assessed or refused an evaluation, the petition must say so.

How the Marchman Act Works in General

A Marchman Act case starts with a petition filed in court. A judge then decides what happens next.

The petition goes to the clerk of the court in the county where the person is located. The clerk may not charge a fee for filing it (§ 397.681). Location matters. 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.) 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.)

A respondent has the right to counsel at every stage of a judicial proceeding relating to a petition for involuntary treatment, which the respondent may waive only if present and the court finds the waiver knowing, intelligent, and voluntary. A respondent has the right to counsel at every stage of the proceeding, which the respondent may waive only if present and the court finds the waiver made knowingly, intelligently, and voluntarily, and a respondent who cannot afford private counsel has the right to court-appointed counsel (§ 397.681). The Second District has held that a Marchman respondent has a constitutional right to counsel (Hillsborough County v. Albrechta).

After filing, the court must decide whether the respondent has a lawyer or needs one appointed, and if the court believes the respondent needs or desires counsel, it shall appoint counsel without regard to the respondent’s wishes. The court must also schedule a hearing within 10 court working days, unless a continuance is granted (§ 397.68151).

Can the Marchman Act Bring the Person Back?

A judge makes this decision, not the family. The outcome turns on the evidence presented at the hearing.

The court must hear and review all relevant evidence. That includes testimony from family members who know the person’s history and how it relates to the current condition (§ 397.6957). Under Fla. Stat. § 397.6957(3), testimony at the hearing must be taken under oath, and the proceedings must be recorded. The respondent may refuse to testify at the hearing.

A person generally cannot be ordered into involuntary treatment without a clinical assessment. Fla. Stat. § 397.6957 reads: “(b) A respondent may not be involuntarily ordered into treatment under this chapter without a clinical assessment being performed, unless he or she is present in court and expressly waives the assessment.” When the criteria are proved by clear and convincing evidence, the court may order involuntary treatment for a period not to exceed 90 days (§ 397.697).

Under § 397.6818, when the petitioner asserts that emergency circumstances exist, or the court decides an emergency exists, the court may rely solely on the petition and enter an ex parte order for involuntary assessment and stabilization, which must be carried out while the hearing on the treatment petition is pending. It may enter an ex parte order for assessment and stabilization without appointing an attorney (§ 397.6818). A provider may hold the person for no more than 72 hours of observation, unless an exception applies. If the ex parte order was not executed by the initial hearing date, it is deemed void; however, if the respondent does not appear at the hearing for any reason, and upon reviewing the petition, testimony, and evidence presented, the court reasonably believes the respondent meets this chapter’s commitment criteria and that a substance abuse emergency exists, the court may issue or reissue an ex parte assessment and stabilization order that is valid for 90 days.

This section does not address a court functioning as the absent petitioner; otherwise, the petitioner must inform the court that the respondent has been assessed so that the court may schedule a hearing as soon as is practicable, and if the respondent has not been assessed within 90 days, the court must dismiss the case. (J.C. v. State) A trial court that questions the only witness when the petitioner is absent has functioned as the absent petitioner, and that is error (J.C. v. State). The Fourth District certified conflict with R.S., J.W., and C.W.R.K. in J.J.J. v. D.G.. The court stated: “we certify conflict with R.S., J.W., and C.W.R.K., for the reasons stated above. Affirmed; conflict certified.” (J.J.J. v. D.G.)

When the Person Is a Spouse, Partner, or Other Family Member

A spouse, legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s substance abuse impairment and prior course of assessment and treatment may file a petition for an adult (§ 397.68112). This page covers adult respondents only.

The petition must state the relationship between the respondent and the petitioner (§ 397.68141).

An unmarried partner is not named in that list. Ask a lawyer how the list applies to your facts before you decide who files.

The court can hear that testimony. Drafting and filing the petition, however, involves specific rules. Share your timeline with counsel early.

What to Bring to a Consultation

Bring your written timeline, the program name, and any intake or discharge papers. Also bring the person’s full name and date of birth.

• The timeline log, with dates and times
• The program name and any papers from it
• Any prior assessments or treatment records
• Recent incidents, with dates
• Names of people who saw what happened
• Texts, call logs, and voicemails

The lawyer will ask about prior treatment, current safety concerns, and whether an assessment has happened.

Quick Answers

A court order may last up to 90 days, but a renewal may be requested before the 90-day period ends if the conditions justifying treatment are expected to continue (§ 397.697).

Talk With Robinson Casey About Your Situation

If your adult child walked out of treatment and you cannot reach them, you may be facing a short window to decide your next step. Call Robinson Casey at (561) 849-4149 or request a consultation to talk through your timeline with our team.

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

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq. is the responsible lawyer for this page.