Guidance for Families Facing Marchman Act Treatment Placement

If a loved one is struggling with addiction and a Marchman Act case has come up, you may be wondering who gets to choose where they go. In Florida, a court decides whether involuntary treatment is ordered, and a licensed provider decides whether it admits the person. Richard J. Casey III, Esq. is responsible for this page, and the answer below explains how those two steps fit together.

Short Answer: Who Chooses the Treatment Facility Under the Marchman Act

No single relative or doctor picks the facility alone under the Marchman Act. A court order and a licensed provider’s admission decision both have to line up. The process starts with a petition, and the statute lets certain people file it. For an adult, a petition may be filed by the person’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the substance abuse and prior treatment (Fla. Stat. § 397.68112). Even after a judge enters an order, the provider applies its own admission rules and can decline admission.

Knowing that two steps exist helps you ask the right questions early. Here is how each step works.

Our team at Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. We serve families across South Florida and statewide.

How the Marchman Act Works in Florida

A petition must name the person and the petitioner, and it must explain their relationship. It must also give the reasons the petitioner believes the person is impaired, has lost self-control, and either has inflicted or is likely to inflict physical harm on himself or herself or others unless the court orders the involuntary services, or refuses care because impaired judgment keeps them from appreciating the need for care (Fla. Stat. § 397.68141). A petition may include an assessment done within 30 days before filing.

The court must schedule a hearing within 10 court working days unless a continuance is granted (Fla. Stat. § 397.68151). The judge must find the conditions proved by clear and convincing evidence before ordering treatment. That order can last up to 90 days (Fla. Stat. § 397.697).

Does a Court Order Name the Facility?

A court order may point to a specific licensed provider, but that provider’s admission is a separate step. If the court finds it necessary, it may direct a sheriff to take the person to the provider named in the order, or to the nearest appropriate licensed provider (Fla. Stat. § 397.697).

Before a provider accepts anyone, it must confirm the person meets the admission criteria. It must place the person in the most appropriate and least restrictive available setting. It must check that admission will not push it over its licensed capacity. It must also determine whether the cost of services is within the financial means of the person or those financially responsible for the person’s care (Fla. Stat. § 397.6751).

If a provider decides not to admit, it must try to reach the referral source and talk through other options. If it cannot reach that source, it must refuse admission and try to help the person gain access to other appropriate services, if indicated. Within one workday, it must report the reason in writing.

A common mistake is assuming the court order alone secures a bed. The provider’s intake decides whether the person is admitted.

Can a Doctor Refuse to Treat Someone With an Addiction?

A doctor’s assessment can support a petition, but only a court order can compel involuntary treatment. A petition may be accompanied by a qualified professional’s certificate or report, if that professional examined the person within 30 days before the petition was filed.

Hospitals follow their own clock. Within 72 hours after an emergency admission to a hospital or a licensed detoxification or addictions receiving facility, the attending physician must assess the person to determine the need for further services. Based on that assessment, a qualified professional must either release the person, referring them to other needed services where appropriate, or keep them when the person has consented to remain voluntarily or when a petition for involuntary assessment or treatment has been timely filed, which authorizes the facility to retain physical custody pending further order of the court (Fla. Stat. § 397.6797).

A person can be medically stable and still be in crisis. If a provider decides that an involuntary individual’s medical conditions or behavioral problems can no longer be safely managed, it must discharge the person, try to help them reach more appropriate services, and report the basis for discharge and its efforts to the referral source in writing within 72 hours (Fla. Stat. § 397.6751).

Emergency Situations and Immediate Risk

In an emergency, a judge can enter an order based on the petition alone, before the full hearing. The court may do this without appointing an attorney, and the order must be carried out while the hearing is pending (Fla. Stat. § 397.6818). An emergency exists when the petitioner asserts that emergency circumstances exist, or when the court determines upon review of the petition that an emergency exists.

A provider generally may hold a person for no more than 72 hours of observation.

Due process still applies. In Marchman Act proceedings, the court decides whether appointing an attorney for the respondent is appropriate under §397.68151, but in an emergency the court may enter an ex parte order without appointing an attorney. An ex parte order must also rest on facts in the petition that give a good faith reason to believe the criteria are met (D.H. v. K.J.R.).

Who Pays for Involuntary Treatment

The person must contribute toward the cost according to ability to pay, unless otherwise provided by law. Before admission, the full charge and the fee for that person must be disclosed (Fla. Stat. § 397.431).

Providers that contract for state funds must base fees on ability to pay. They may not deny services solely for inability to pay when space and state resources are available.

Before admission, ask the provider to state the full charge and the fee that applies to your loved one.

Marchman Act vs. Baker Act in Florida

The Marchman Act deals with substance use, and the Baker Act deals with mental illness. Some people have both conditions. The Marchman Act criteria cover a substance use disorder paired with a co-occurring mental health disorder.

The clinical report must recommend a level of substance abuse treatment the respondent requires, if any, and must note whether the respondent has any co-occurring mental health or other treatment needs (Fla. Stat. § 397.6957).

Because two laws can touch one person’s care, confirm which law the paperwork refers to before you assume the process.

Questions to Bring to a Consultation

Start with where your loved one is physically located right now, because that decides which county hears a petition. A Marchman petition belongs in the county where the respondent is physically located when it is filed (J.P. v. J.N.). However, filing the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction (J.P. v. J.N.).

In Miami-Dade, the Miami-Dade Clerk directs adult cases to the Probate Court and minor cases to Juvenile Court.

Bring these facts to your first conversation:

• Where is your loved one physically located right now?
• Has anyone assessed them, and when?
• Do you have a doctor’s note, a prior admission record, or a hospital discharge summary?
• Has the person received a copy of any petition and notice of hearing?
• What is the full charge, and what fee applies to your loved one?

Frequently Asked Questions