A Relapse Does Not End Your Family's Options

The Short Answer: A Relapse Does Not End a Family’s Options

A relapse does not automatically close the door. If your loved one returns to use after a Marchman Act treatment order in Florida, you may be able to ask the court to act again.

Watching someone you love slide back into substance use after a court order is hard. Many families feel they have run out of options. They often look for answers while the situation is still unfolding.

This page explains the general process. It covers what a court looks at, how a new petition moves forward, and what to gather first. It does not predict how any judge will rule. It applies the statute to current facts.

Robinson Casey concentrates its practice on Marchman Act petitions and guardianship matters for families in South Florida and statewide. For an overview of the law, read our Marchman Act guide.

What the Marchman Act Is and Who Can File

The Marchman Act is Florida’s court process for involuntary assessment, stabilization, and treatment of a person who is substance abuse impaired. It appears in Florida Statutes Chapter 397. The process starts when someone files a petition with the court.

Florida law sets out who may file. For an adult, a petition may be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and the person’s prior assessment and treatment. See § 397.68112 for the full list.

A petition for involuntary treatment 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 prior course of assessment and treatment. The petition is filed with the clerk of the court in the county where the person is located. See § 397.681. The clerk may not charge a fee to file a petition. The court may prohibit, or a law enforcement agency may waive, service of process fees if a petitioner is determined to be indigent. See § 397.681. The impaired person is named as the respondent. See § 397.681.

Location matters. In J.P. v. J.N., a Fifth District court held that a petition filed in the wrong county did not take away the circuit court’s jurisdiction. However, in J.P. v. J.N., the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction. The petition belonged where the person was physically located.

Relapse After a Marchman Act Order: What It Means Legally

A return to use is serious. The court asks whether the person meets the involuntary admission criteria now. Under § 397.675, there must be a good faith reason to believe the person is substance abuse impaired or has a substance use disorder and a co-occurring mental health disorder. The person must also have lost the power of self-control with respect to substance use.

The person must need services and, because of substance abuse impairment, be incapable of appreciating that need and of making a rational decision about it; mere refusal to receive services is not by itself evidence of that lack of judgment. See § 397.675. Or the person must, without care or treatment, be likely to neglect themselves in a way that poses a real and present threat of substantial harm, and it must not be apparent that the harm can be avoided through the help of willing, able, and responsible family members or friends or other services. Or there must be a substantial likelihood that the person has inflicted, or threatened or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.

Under § 397.68111, a petition may be filed when a person reasonably appears to meet the criteria for involuntary admission in § 397.675. It may also be filed when a qualified professional assessed the person within 30 days. See § 397.68111. Recent facts and recent assessments both matter.

Families should write down current facts that map to the statute. See § 397.68141. Families often document missed follow-up visits, returns to use, safety concerns, and statements or behavior that suggest loss of control.

How a New Petition Moves Through the Court Process

After a petition is filed, the court decides whether the person has a lawyer or should have one appointed. The court must schedule a hearing within 10 court working days, unless a continuance is granted. See § 397.68151.

The court must immediately determine whether the person named as respondent has an attorney or whether appointing counsel is appropriate. A Florida appeals court has held that this right is a constitutional due process protection. See Hillsborough County v. Albrechta and § 397.681.

An involuntary assessment and stabilization order under § 397.6957 is valid for 90 days. See § 397.6957.

At the hearing, testimony must be under oath and the proceedings must be recorded. In J.C. v. State, the court failed to follow the applicable statute by essentially functioning as the absent petitioner. Emergency situations follow different steps, set out in § 397.679.

How Long a Marchman Act Lasts and What Continued Support Can Look Like

The court may order involuntary treatment services for a period not to exceed 90 days. That order requires the conditions to be proved by clear and convincing evidence. The court keeps jurisdiction to monitor compliance. See § 397.697.

A renewal petition must be filed before the services period expires. If the court grants it, the court may order up to an additional 90 days. See § 397.6975. See § 397.6977.

Discharge planning must document follow-up behavioral health appointments. It must also cover how to get prescribed medications, living arrangements and transportation, and referral to recovery support. Florida’s DCF aftercare materials describe aftercare that includes continuing recovery management and long-term recovery maintenance.

Your own records of follow-up visits and recent events can be useful. The court looks at current condition, so dated records of what has happened since discharge help show where things stand.

What Families Should Gather Before Deciding on the Next Step

Start with dates. Organized facts carry more weight than general worry. Gather these items:

• Dates of the prior order, the admission, and the discharge.
• Names of treatment providers and copies of discharge papers.
• Recent incidents, with dates and a short description of each.
• Names of people who saw those events.
• Messages, call logs, or records that show current impairment.
• Where your loved one is physically located right now.

The last item matters because the county of location controls where a petition is filed. A petition also may be accompanied by a report from a qualified professional who examined the person within the past 30 days. See § 397.68141.

You do not have to decide everything alone. The next step can begin with a conversation about these facts.

Talk With Robinson Casey About Your Loved One’s Situation

If your loved one has returned to use after a court-ordered program, you may be weighing whether to ask the court to act again. That is a hard place to stand, and the timeline can feel overwhelming. Bring your dates and notes to a conversation with our team. Call (561) 849-4149 or use our contact page. Our first consultation is free, confidential, and carries no obligation to continue.

Robinson Casey concentrates its practice on Marchman Act petitions and guardianship matters for families in Miami-Dade, South Florida, and statewide.

Richard J. Casey III, Esq., is the responsible lawyer for this page. Nothing on this page promises any particular result.