Thinking About Leaving Treatment Early? Talk to a Marchman Act Attorney First

Wondering what happens if someone leaves addiction treatment early in Florida? The short answer depends on how they were admitted. A person placed in treatment through a court order or an involuntary process generally cannot simply leave. This page explains the difference under Florida’s Marchman Act.

What “Leaving Early” Means in Florida Addiction Treatment

Leaving early usually means a person walks out or asks to be discharged before the treatment team says they are ready. Many people call this leaving against medical advice, or AMA.

The first question is how the person got into treatment. Under Fla. Stat. § 397.601, a person who wants treatment may apply to a provider for voluntary admission.

The other path is involuntary. Under Fla. Stat. § 397.675, a person may be admitted involuntarily when there is good faith reason to believe they are substance abuse impaired and meet other statutory criteria. The Marchman Act is the part of Chapter 397 that covers these court-ordered cases.

In an involuntary case, a court order shapes the program. The patient’s wish to leave does not decide it alone.

So can they just leave? For an involuntarily admitted patient, the answer is generally no. Under Fla. Stat. § 397.6758, release without further court order happens only by a qualified professional in a hospital, a detoxification facility, an addictions receiving facility, or any less restrictive treatment component.

Why People Leave Treatment Early

People leave early mostly because treatment is hard and the urge to use is strong. Families often hear the reasons as stubbornness, but the reasons are usually more mixed.

Common reasons include withdrawal discomfort, cravings, denial that there is a problem, pressure from other people, and the feeling of being held against their will. That last feeling can be real even when a judge ordered the stay. It can push a person to walk out.

Timing offers clues. Someone who leaves in the first few days may be reacting to withdrawal. Someone who stays a week or two and then leaves may be reacting to something else. Families should not assume they know the reason, though. Understanding the reason can help a family choose a response, but it does not mean assuming the person’s intent.

Leaving early can also be medically risky. A person who stops treatment before the team finishes its work may face health dangers the clinicians are trained to watch for. Ask the team directly what they see and what leaving would mean for safety.

Legal Consequences When a Court-Ordered Patient Leaves

Leaving does not end the case on its own.

Under Fla. Stat. § 397.697(2), the court keeps jurisdiction over the case and the parties. The court may enter further orders as the circumstances require. That includes monitoring compliance and changing the treatment approach.

The court can also act on the physical side. If it finds it necessary, the court may direct the sheriff to take the respondent into custody and deliver him or her to the provider, under Fla. Stat. § 397.697(1)(a).

When treatment was court ordered, notice of release must go to the petitioner and the court, according to Fla. Stat. § 397.6758.

Family members have a role too. Under Fla. Stat. § 397.68112(1), an adult 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 his or her prior course of assessment and treatment may file a petition. A departure can change what a family decides to file next.

Can Someone Be Charged or Jailed for Leaving Rehab?

Breaking a valid court order is different from walking out of a voluntary program. Court enforcement tools in Fla. Stat. § 397.697(2) attach to valid orders under the chapter. A voluntary patient with no such order is in a different position.

Contempt is a court matter. The judge decides what follows, based on the order and the facts of the case.

The person has rights, too. A respondent has the right to counsel at every stage of a Marchman Act proceeding, under Fla. Stat. § 397.681(2), unless the respondent waives that right while present and the court finds the waiver is knowing, intelligent, and voluntary.

Families should not assume a specific penalty will follow a departure. The facility’s clinical judgment, the court’s orders, and the family’s petition route each work differently.

What Happens When Someone Comes Back, or Doesn’t

When a person does not return, the court can still act under its retained jurisdiction.

Hearings focus on evidence. The court must hear and review all relevant evidence, including testimony from family members familiar with the respondent’s history, under Fla. Stat. § 397.6957(1)(a). Testimony is taken under oath, under § 397.6957(3).

Planning matters after discharge. Relapse risk is real, and follow-up care helps. The treatment team and the family can work on that plan together, and the court may be asked to consider it.

How Families Can Respond When a Loved One Wants to Leave

The first step is to stay calm and keep talking. Threats or physical restraint can escalate the situation quickly.

Contact the facility’s clinical team. Ask what they recommend and what leaving would mean under the current order. Write down the answers.

Keep written records. Note the dates, what was said, messages from the facility, and any court papers. Federal rules at 42 C.F.R. § 2.13 provide that patient records subject to those regulations may be used or disclosed only as those regulations permit, and that any permitted use or disclosure must be limited to the information necessary to carry out its purpose. Consent or a court order may be needed for some details. 42 C.F.R. § 2.13 reads: “(c) Acknowledging the presence of patients: Responding to requests.(1) The presence of an identified patient in a health care facility or component of a health care facility that is publicly identified as a place where only substance use disorder diagnosis, treatment, or referral for treatment is provided may be acknowledged only if the patient’s written consent is obtained in accordance with subpart C of this part or if an authorizing court order is entered in accordance with subpart E of this part.”

Know where a petition is filed. Under Fla. Stat. § 397.681(1), a petition is filed with the clerk in the county where the person is located, and the clerk may not charge a filing fee. The Miami-Dade Clerk of Court routes adult petitions to Probate Court.

Filing in the wrong county is a venue problem, not a loss of jurisdiction. In J.P. v. J.N., the court stated that filing the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction.

For more context on family choices, read the parents’ legal options page and the talk-before-filing page on our site.

Talk With Robinson Casey About Your Family’s Situation

If a loved one has left, or may try to leave, a program they were ordered into, you are facing a decision you did not choose. Families in this spot often feel they must act right away, without the papers making sense.

A petition can be supported by a professional’s report. Under Fla. Stat. § 397.68141(2), a petition may be accompanied by a certificate or report from a qualified professional who examined the respondent within 30 days before filing.

Our pages on Marchman Act petitions and involuntary commitment for addiction give the full overview of options.

Frequently asked questions

Responsible lawyer: Richard J. Casey III, Esq. Robinson Casey serves families in Miami-Dade, South Florida, and statewide.