Marchman Act Attorney Florida: After the Order Ends

Your loved one’s Marchman Act treatment order is nearing its end, and you’re not sure what happens next. In short, court-ordered services in Florida run for a set period and stop on that date, unless a renewal petition was filed in time and the court grants it, in which case it may order up to an additional 90 days.

This guide shows where to find the end date, what the statute says about the period after an order, and which questions to bring to a lawyer.

What a Marchman Act Treatment Order Is

A Marchman Act treatment order is a Florida court order that directs a person to receive involuntary treatment services for a substance use problem. The court can order these services only after it finds the required conditions proved by clear and convincing evidence (a high standard of proof). The order can run no more than 90 days at a time (Fla. Stat. § 397.697).

That 90-day limit is why the end of the order deserves planning. Many families treat the hearing as the finish line. The order, however, sets its own terms, and the statute sets what happens when the services period runs out.

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

Find the End Date and Terms in the Court’s Entry

The written court order is the first place to look for the end date. Start there, not with what someone remembers hearing at the courthouse.

Look for these parts of the order:

• The start and end dates of the services period
• The provider or facility named to deliver services
• Any follow-up, reporting, or review language
• Any list of people to notify before a release

The notice list matters. The statute requires the court’s requirements for notice of a proposed release to appear in the original order (Fla. Stat. § 397.697). When a qualified professional finds the person eligible for early release, the provider must notify the people the court named in that original order (Fla. Stat. § 397.6971).

Keep the certified copy with every notice, letter and hearing date in one folder. Write down the day you received each paper. A dated folder lets you answer questions quickly and keeps you from relying on memory when a date matters.

What the Statute Says About the Period After the Order

Under Florida law, court-ordered services generally end at the 90-day mark, unless a renewal petition was filed before that date.

• Initial limit. The court may order services for no more than 90 days (Fla. Stat. § 397.697).
• Automatic discharge. At the end of the 90 days, the person is discharged automatically unless a renewal motion was filed (Fla. Stat. § 397.6977).
• Renewal petition. It must be filed before the services period expires. The court must set a hearing within 10 court working days, held not more than 15 days after filing (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.”
• Extension. If the court grants renewal, it may order up to an additional 90 days (Fla. Stat. § 397.6975).

The court also keeps the case open.

Florida amended these sections in 2024 under ch. 2024-245. Under Fla. Stat. § 397.697(1)(a), when the court finds that the conditions for involuntary treatment services have been proved by clear and convincing evidence, it may order involuntary treatment services for a period not to exceed 90 days.

Possible Next Steps for the Family When the Order Ends

When an order ends, your next step depends on whether a renewal was filed and whether your loved one will continue care.

Voluntary care is one path. A person who was involuntarily admitted and gives written informed consent may be referred for voluntary admission once the provider determines the person no longer meets involuntary criteria (Fla. Stat. § 397.6752). Early release is another path. A person may be found eligible for discharge before the 90 days end when a listed ground applies, such as no longer needing treatment services (Fla. Stat. § 397.6971).

Discharge planning is where practical needs show up. The statute requires documented plans covering follow-up behavioral health appointments, how to get prescribed medications, living arrangements and transportation, and referral to recovery support (Fla. Stat. § 397.6977). Ask the provider for that plan in writing before the discharge date.

Legal representation is part of the picture, too. A Florida appeals court held that a person in Marchman Act proceedings has a constitutional right to counsel, because due process is implicated (Hillsborough County v. Albrechta).

Privacy, Records, and Questions Families Raise

Court records in these cases are confidential, and only listed people can receive them on request. Federal rules can also limit what a treatment program may share.

Court papers. Petitions, court orders and related records are confidential under Florida law. The clerk may release them on request to people the statute lists, including the petitioner, the respondent and their attorneys.

Treatment records. Federal law protects substance use disorder treatment records.

Questions to raise with a lawyer and the provider:

• Who may receive updates after the order ends?
• Would a signed consent change what the provider can share?
• What notice does the order require before any release?

Talking With Your Loved One and Preparing for the Next Step

Before the end date, gather the order, the provider’s name and your questions in one place. A short checklist keeps the conversation focused.

• The order and every date printed on it
• The provider or facility named in the order
• The people listed to receive notice
• Questions about follow-up care, medication, housing and transportation
• Your family’s concerns, ranked by priority

Talking with your loved one matters too. Pick a calm time, explain what the order says, and avoid making decisions in the middle of a crisis. Families in Miami-Dade and across South Florida can bring the order and this checklist to a consultation.

Bring Your Questions to a Consultation

A consultation is the place to walk through your loved one’s order with a lawyer. Bring the folder of papers, the checklist and your list of open questions.

How long can a Marchman Act treatment order last in Florida?

Court-ordered involuntary treatment services can run up to 90 days at a time (Fla. Stat. § 397.697). A renewal can add up to another 90 days if the court grants it (Fla. Stat. § 397.6975).

Does a Marchman Act order renew on its own?

No. At the end of the 90-day period of court-ordered involuntary services, the respondent is automatically discharged unless a motion for renewal of the involuntary services order has been filed with the court.

Who can get Marchman Act court records?

The clerk may release them on request to listed people, such as the petitioner and the respondent.

If your loved one’s treatment order is ending and your family is deciding what comes next, call (561) 849-4149 or use the contact form. The first consultation is free, confidential, and carries no obligation to continue.