Rehab Won't Accept Your Loved One? Explore Your Marchman Act Options

If a rehab won’t accept a Marchman Act patient in Florida, the situation can feel urgent and confusing. A court case may already be moving, and the program you were counting on just said no. A family member or other petitioner files it in court, and it can lead to court-ordered assessment and treatment. This guide explains why programs decline, what a court order does and doesn’t settle, and what you can do now.

Why a Treatment Program May Refuse a Marchman Act Patient

A program usually declines because of its own clinical limits or its capacity. A refusal is often not a finding that your loved one doesn’t need help.

Common reasons include:

• No open bed, or the program is already at its licensed capacity.
• The person doesn’t meet the program’s admission criteria for that level of care.
• Medical or psychiatric needs the program can’t safely manage.
• Missing or incomplete records.
• Questions about who will pay for the care.

Florida law sets these duties for the provider. The provider must check whether the person meets admission criteria. It must decide whether the person’s conditions are beyond its safe management.

So a court order directs the process, but it doesn’t skip these checks.

What a Court Order Does and Doesn’t Settle

A court order sets the legal obligation for treatment. It does not, by itself, open a specific bed at a specific program.

When the court finds the conditions proven by clear and convincing evidence, it may order treatment for up to 90 days. Treatment can come from a publicly funded licensed provider. It can also come from a privately funded provider if the respondent can pay, or if someone acting for the respondent shows a willingness and ability to pay (Fla. Stat. § 397.697).

The court also keeps jurisdiction after the order. It can enter further orders, monitor treatment, and change the treatment type. If the court finds it necessary, it may direct the sheriff to take the respondent into custody and deliver him or her to the named provider or the nearest appropriate licensed provider (Fla. Stat. § 397.697).

Two more points matter here. The respondent has the right to counsel at every stage of the case, which the respondent may waive if present and the court finds the waiver is made knowingly, intelligently, and voluntarily (Fla. Stat. § 397.681). And the court hears relevant evidence, including testimony from family members who know the person’s history (Fla. Stat. § 397.6957).

What happens next depends on the facts of each case and the court’s findings. No one can predict how a particular placement question will be resolved.

Steps Families Can Take When a Program Refuses Admission

Start by asking the program for its reason in writing. Florida law requires a written report when a provider declines admission.

1. Ask for the reason in writing. After trying to reach the referral source, the provider must report in writing within one workday. The report must give the basis for the refusal (Fla. Stat. § 397.6751).
2. Keep a dated log. Record every call, email, and decision. Write down names and the reason given.
3. Gather records. Collect prior hospitalizations, treatment and detox records, incident reports, and medical or police records that describe the behavior.
4. Check the assessment. A petition may include a report from a qualified professional who examined the person within 30 days before filing. If there was no assessment, or the person refused one, the petition must say so (Fla. Stat. § 397.68141).
5. Tell the court and the respondent’s attorney. Report the refusal promptly so the placement problem can be raised on the record.
6. Ask what the program needs. Ask whether medical clearance for the level of care is required. Medical needs often drive the decision.
7. Have placement details ready. Keep insurance information and a current medication list at hand.
8. Hold off on promises. Don’t tell your loved one about a specific program until admission is confirmed.

What the Marchman Act Process Typically Looks Like

A case usually moves from petition to assessment, then to a hearing, then to an order and placement.

• If the respondent is 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 respondent’s substance abuse impairment and prior course of assessment and treatment; for a minor, a parent, legal guardian, or service provider may file (Fla. Stat. § 397.68112). It is filed with the clerk in the county where the person is located, and the clerk may not charge a filing fee (Fla. Stat. § 397.681).
• Hearing date. The court must schedule a hearing within 10 court working days unless a continuance is granted (Fla. Stat. § 397.68151).
• Hearing. Testimony is taken under oath, and the proceedings are recorded.

Florida’s Marchman Act process is governed by a single statewide statutory framework, including § 397.681 and § 397.6957.

The Marchman Act covers substance abuse impairment. Fla. Stat. § 397.6957 reads: “If at any point during the hearing the court has reason to believe that the respondent, due to mental illness other than or in addition to substance abuse impairment, meets the involuntary commitment provisions of part I of chapter 394, the court may initiate involuntary examination proceedings under such provisions.” It is not the same as a petition about mental illness alone.

How Robinson Casey Helps Families Facing an Admission Refusal

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.

When a program says no, our team can help you organize the next steps:

• Reviewing the written refusal and what it says about capacity, clinical criteria, or records.
• Organizing supporting records for the petition.
• Raising the placement problem with the court on the record.
• Explaining the respondent’s rights, including the right to counsel.
• Explaining how guardianship could fit if your loved one can’t make safe decisions for their own care.

Frequently Asked Questions

It can lead to court-ordered assessment and treatment.

Talk With Robinson Casey About Your Loved One’s Situation

Watching someone you love go without safe care is exhausting, especially when a program has just turned them away. You don’t have to work out the court and placement steps alone.

If a program has said no and you need to know what comes next, call (561) 849-4149 or request a consultation. Your first consultation is free, confidential, and carries no obligation to continue.