Skipping Court-Ordered Addiction Treatment in Florida
If someone you love was ordered into addiction treatment and stopped going, you’re probably wondering what comes next. In Florida, skipping court-ordered addiction treatment can bring the case back before a judge. The court that issued the order keeps authority over it, and it can monitor the order, change the treatment, or start contempt proceedings. What happens depends on the facts of the case.
This page answers what happens if someone skips court-ordered addiction treatment in Florida, step by step. It covers what counts as noncompliance, what courts can do, and how timing works. It is general information about Florida law.
What Court-Ordered Addiction Treatment Means in Florida
Court-ordered addiction treatment in Florida is involuntary treatment that a judge orders under Chapter 397 of the Florida Statutes, often called the Marchman Act. The person does not choose it. A judge decides after someone files a petition, and the treatment provider does not issue the order.
A court looks for 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, and that the person has lost the power of self-control. The person must also either need substance abuse services and be unable to appreciate that need, or be likely to neglect themselves or cause harm. § 397.675 sets out those criteria. § 397.675 sets out those criteria.
Family members can start the process for an adult. A spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and of his or her prior course of assessment and treatment may file (§ 397.68112).
Once ordered, treatment comes with conditions. Once the court finds that the conditions for involuntary treatment services have been proved by clear and convincing evidence, it can order treatment for up to 90 days, and it keeps jurisdiction to monitor compliance (§ 397.697). The provider carries out the order and may require the person to receive treatment services that will benefit them at any licensable service component of a licensed service provider, while the judge can order further changes, such as changing the treatment modality.
Treat the order as binding. Violating a valid order can lead to contempt proceedings (§ 397.697).
For a broader overview, see our court-ordered addiction treatment page.
What Counts as Skipping or Not Complying With a Court Order?
Noncompliance means the person did not do what the written order requires. The order’s wording decides what that means.
Common examples include missing an intake appointment, leaving a program early, or skipping scheduled sessions. Whether each one counts depends on what the order says. An order might name a program, a length of stay, or an outpatient schedule. Read those terms before assuming a violation.
For outpatient treatment, a social worker or case manager of a licensed service provider, or a willing, able, and responsible individual appointed by the court, must support the person. Unless the person has been ordered into inpatient treatment at least twice in the last 36 months or can substantially comply while waiting for residential placement, they must also receive an assessment from a qualified professional or licensed physician expressly recommending outpatient services, the services must be available in the county where they are located, and it must appear likely they will follow a prescribed outpatient care plan. A willing, able, and responsible individual appointed by the court must tell the court and the parties if the person fails to follow the outpatient program (§ 397.697).
Treatment records have their own rules. Federal law on substance use disorder records generally keeps those records confidential and allows them to be disclosed only as the statute expressly authorizes, such as with the patient’s prior written consent or under a court order granted for good cause, subject to the statute’s other exceptions.
Before a consultation, gather the written order and any provider reports. Exact terms matter more than general assumptions.
What Can a Court Do After Someone Skips Treatment?
After noncompliance, the court that issued the order can take further action, such as changing the treatment or starting contempt proceedings.
The court may keep monitoring compliance, change the treatment modality, or start contempt of court proceedings for violating a valid order (§ 397.697). Those follow-up hearings can be set by a motion from the parties or on the court’s own authority.
Family members can also be heard. The court must hear and review all relevant evidence, including testimony from family members who know the person’s history (§ 397.6957).
Who must prove the case also matters. In J.C. v. State, a Fifth District Court of Appeal decision, the court failed to follow the applicable statute by essentially functioning as the absent petitioner. 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.
Can Someone Miss Court While in Rehab?
Treatment does not replace a court date. The respondent must attend the hearing unless the court finds a knowing, intelligent, and voluntary waiver, or that attendance is inconsistent with the person’s best interests or likely to be injurious to self or others (§ 397.6957). Fla. Stat. § 397.6957 reads: “(1)(a) The respondent must be present at a hearing on a petition for involuntary treatment services unless the court finds that he or she knowingly, intelligently, and voluntarily waives his or her right to be present or, upon receiving proof of service and evaluating the circumstances of the case, that his or her presence is inconsistent with his or her best interests or is likely to be injurious to self or others.”
Witnesses may attend remotely by audio-video and, as appropriate, testify that way under oath, and a witness who plans to attend and testify remotely must give the parties all relevant documents by the close of business the day before the hearing.
If the first order was not carried out by the initial hearing date, it is deemed void (§ 397.6818).
Don’t assume the program will tell the court about a hearing date. Keep your own calendar and confirm the next court date.
What Happens If Someone Does Not Complete Court-Ordered Treatment?
If someone in a treatment court does not finish, the court can apply sanctions set out in that program’s written strategy.
Florida law says a treatment-based drug court’s coordinated strategy may include a protocol of sanctions for noncompliance. Sanctions may include placement in a treatment program, a jail-based program, or incarceration within contempt time limits for an adult (§ 397.334).
The strategy must be given to the participant in writing before they agree to enter. Entry into a pretrial program is voluntary. When s. 948.08(6)(c)1. does not apply, the court may order entry only with a written agreement that states the person understands the requirements and the potential sanctions (§ 397.334).
What completion requires, and what a missed step leads to, is set by that specific court and its written terms. Read those terms closely before assuming how the court will respond.
How Long Do These Court Steps Take in Florida?
The main timing rules are that the court schedules a hearing within 10 court working days after the initial petition is filed; a treatment period of up to 90 days; and a renewal petition filed before that period ends.
The court must schedule a hearing within 10 court working days unless it grants a continuance (§ 397.68151). A renewal petition must be filed before the court-ordered period expires. A renewal can add up to 90 more days (§ 397.6975).
A renewal order can extend involuntary treatment services by no more than an additional 90 days (§ 397.6975). The respondent’s assessment by a qualified professional must occur within 72 hours after his or her arrival at a licensed service provider, subject to the section’s exceptions and court-approved extensions (§ 397.6957). Fla. Stat. § 397.6957 reads: “The respondent’s assessment by a qualified professional must occur within 72 hours after his or her arrival at a licensed service provider unless the respondent shows signs of withdrawal or a need to be either detoxified or treated for a medical condition, which shall extend the amount of time the respondent may be held for observation until such issue is resolved but no later than the scheduled hearing date, absent a court-approved extension.”
Where to file matters too. A petition goes to the clerk in the county where the person is located, and the clerk may not charge a filing fee (§ 397.681).
Families often feel pressure to act quickly. Knowing these steps helps you plan the weeks ahead.
Talking With a Family Attorney About Your Loved One’s Situation
A review of the exact order is the most useful next step, and a lawyer can help with that.
You may be reading this because someone you love is in a situation you didn’t choose. Missed dates, a program that ended early, and worry about their safety can all feel urgent at once.
Robinson & Casey focuses on Marchman Act petitions and guardianship matters, and serves families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.
The first consultation is free, confidential, and carries no obligation to continue.
Can a court hold someone in contempt for skipping treatment?
A court can start contempt proceedings for violating a valid order (§ 397.697).
Does the court charge a fee to file a petition?
No, the clerk may not charge a fee for filing a petition under this section (§ 397.681).
Does your loved one have the right to a lawyer?
Yes, the respondent has the right to counsel at every stage of the judicial proceeding, however the respondent may waive that right if the respondent is present and the court finds that such waiver is made knowingly, intelligently, and voluntarily (§ 397.681).
If your loved one missed or left a program, you don’t have to work through the court steps alone. Request a consultation or call (561) 849-4149 to talk through the order.