Relapse After Marchman Act in Florida: What Comes Next

Your adult child was doing better for a while, and now the old pattern is back. You’re asking what to do next, and whether the court can step in again.

A relapse after a Marchman Act stay does not end your options. It also does not automatically reopen the old case. A new petition can be filed, but it has to rest on current facts that meet Florida’s criteria.

The Short Answer: A Relapse Does Not End Your Options

A relapse does not end your legal options. Florida law asks about your child’s condition now, not only about the earlier order.

Under the criteria for involuntary admission, a person meets the test if there is good faith reason to believe they are substance abuse impaired. It also applies if they have a substance use disorder and a co-occurring mental health disorder. The impairment must have caused them to lose the power of self-control with respect to substance abuse.

Relapse can be part of addiction, and it doesn’t mean you failed. But a court looks at facts, not at the word relapse. This page covers safety first, then a written record, then how a new petition generally moves through the court, and finally your next call.

What Happens to the Earlier Marchman Act Order After a Relapse

Its period is limited, so you need to check where things stand.

An involuntary treatment order can run for no more than 90 days under Fla. Stat. § 397.697. The court keeps jurisdiction after that order. It can monitor compliance and start contempt proceedings for violating a valid order. Once the conditions justifying treatment no longer exist, the person must be released. Renewal requires a petition filed before the period ends, under Fla. Stat. § 397.6975.

So don’t assume the old order still controls your child’s situation. Look at the court record and the dates. Whether the old order still matters depends on the facts of the case.

You may also wonder who can file. For an adult, Fla. Stat. § 397.68112 allows a spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the impairment and of the person’s prior course of assessment and treatment to file. A parent is a relative, so a parent may file. Our guide on what families can do after relapse covers this in more detail.

Safety Comes First: Immediate Steps When Use Resumes

Call 911 first if your child is overdosing, having a medical emergency, or talking about self-harm. Say what was used, when, and whether your child is breathing and awake. Don’t wait for a court date.

Emergencies also have a court path. When emergency circumstances exist, a court may enter an ex parte assessment and stabilization order under Fla. Stat. § 397.6818. That order can rest on the petition alone, without an attorney appointed first. A provider generally may hold the person for no more than 72 hours of observation, unless a listed exception applies.

Protect yourself too. Stop covering for the use. Don’t hand over money that may fund it, and don’t make rescue payments without a plan. Keep your own safety plan in place, including where you keep cash, medications, and car keys.

Write down your child’s current location, phone numbers, and any treatment provider or doctor involved. You’ll need these for everything that follows.

Documenting Recent Substance Use for the Court

A new petition needs specific, recent facts, written down with dates. The petition must state why you believe your child is impaired. It must also state why you believe your child has lost self-control, and why your child either poses a risk of harm or cannot judge the need for care. The petition must also name the respondent and the petitioner, state their relationship, and name the respondent’s attorney if known; these contents are set out in Fla. Stat. § 397.68141.

Start a dated log. For each event, record the date and time, what you saw or heard, who else was there, and what happened next. Include overdoses, hospital or emergency visits, arrests, missed appointments, and threats.

Keep texts, voicemails, and doctor or hospital records in one folder. Keep copies somewhere safe. Stick to what you saw and what you can show. Facts you can document carry more weight than general worry.

A petition may include a report from a qualified professional who examined your child within 30 days before filing. If your child refused an evaluation, the petition must say so. At the hearing, the court can hear family members about your child’s history, and it may order drug tests under Fla. Stat. § 397.6957.

Court petitions and orders are confidential under Fla. Stat. § 397.6760. The clerk may not publish personal identifying information on a public docket.

How a New Marchman Act Petition Generally Moves Through the Court

A new petition is filed with the clerk of court in the county where your child is located. Under Fla. Stat. § 397.681, the clerk may not charge a fee for filing it. Filing in the wrong county is a venue problem, not an automatic dismissal, as J.P. v. J.N. explains.

The court must schedule a hearing within 10 court working days, unless a continuance is granted, under Fla. Stat. § 397.68151. The petition can rely on an assessment by a qualified professional within 30 days, on an event that led to protective custody or emergency admission within the past 10 days, or on the respondent reasonably appearing to meet the criteria for involuntary admission, under Fla. Stat. § 397.68111.

The court reviews the results of the assessment completed by the qualified professional, under Fla. Stat. § 397.6957.

At the hearing, testimony is taken under oath and the proceeding is recorded. When the court finds that the conditions for involuntary treatment services have been proved by clear and convincing evidence, it may order treatment for a period not to exceed 90 days. The timing varies with each case.

One appellate point matters. The Fourth District reached a different view in J.J.J. v. D.G. and certified conflict. 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. (C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare, No. 5D2024-0354 (Fla. 5th DCA June 12, 2024))

Your Child’s Rights in the Process

Your child has the right to a lawyer at every stage of a judicial proceeding on a petition for involuntary treatment, though your child may waive that right if present and the court finds the waiver is made knowingly, intelligently, and voluntarily. A person who cannot afford private counsel has the right to court-appointed counsel, under Fla. Stat. § 397.681. A Florida appeals court has said that due process is implicated, in Hillsborough County v. Albrechta.

Your child must receive a copy of the petition and the notice of hearing. Your child may refuse to testify at the hearing.

In R.S. v. C.P.T., a judge questioned a clinician on behalf of a pro se petitioner. The effect of the trial judge’s actions was to relieve Appellee of her burden of proof and to help her prove the essential elements of the case. (R.S. v. C.P.T., 333 So. 3d 1190 (Fla. 5th DCA 2022), No. 5D21-677) A clear, well-prepared petition helps the process work fairly for everyone.

Your child may feel angry or resist. Research on mandated treatment discusses how perceived coercion can affect motivation and the relationship with a provider. That research is general context, not Florida procedure.

What to Avoid While You Wait for Guidance

Avoid rescue payments that fund immediate use without changing anything. Pay for help, not for the next crisis.

Avoid ultimatums you can’t enforce. A threat you won’t follow through on makes the next conversation harder. Choose boundaries you can actually keep.

Look after your own health and sleep. Constant crisis wears people down, and tired parents make hard decisions under pressure.

You don’t need to decide everything alone. The useful next step is a conversation about the facts of your child’s case and the record you’ve started.

Talk With Robinson Casey About Your Loved One’s Situation

If your adult child has relapsed after a Marchman Act stay, you’re watching someone you love get worse while you try to hold things together. You want a legal way back into proper treatment, and you don’t want to carry this alone.

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Call (561) 849-4149 or use the contact page to talk through the facts of your child’s relapse and which Marchman Act options may apply. The first consultation is free, confidential, and carries no obligation to continue.

Responsible lawyer: Richard J. Casey III, Esq., Robinson Casey.