Your Loved One Left Treatment Early? Learn Your Options Under the Marchman Act

When Your Son Leaves Treatment Before It Is Finished

If your son left treatment early in Florida, a court may be able to order him into assessment and treatment under the Marchman Act. This page explains how that process works, who can start it, and what a Marchman Act attorney looks at first.

Maybe the call came from the program. The bed is empty. You have already paid for treatment, tried interventions, and held firm on boundaries. He is still getting worse, and you feel like you’re starting over.

You’re probably afraid of the worst. You may fear an overdose, a death, an arrest, or your son ending up homeless. You may be losing hope that anything will work.

Leaving treatment early is a hard turning point for many families. Florida law gives courts a process for adults impaired by substance use. That process doesn’t fit every case, so the details matter. The sections below cover the legal options, the steps, and the questions to bring to a lawyer.

What the Marchman Act Is and Who It Covers

The Marchman Act is Florida’s law for adults and youth severely impaired by substance abuse. The Florida Department of Children and Families says it allows voluntary admission as well as involuntary assessment, stabilization, and treatment.

For involuntary admission, the law requires a good faith reason to believe your son is substance abuse impaired (or has a substance use disorder and a co-occurring mental health disorder) and, because of that, has lost the power of self-control over his substance use. He must also be unlikely to voluntarily accept the recommended services, or be unable to decide for himself whether services are needed, and either be likely to neglect himself in a way that poses a real and present threat of substantial harm to his well-being, or there must be a substantial likelihood that without services he will cause serious bodily harm to himself or others in the near future, as shown by recent behavior, or his refusal of care must be based on judgment so impaired by substance abuse that he cannot appreciate his need for care. Fla. Stat. § 397.675

A 2025 review of involuntary addiction treatment notes that these laws have expanded, but their use has stayed limited. The Baker Act is a separate Florida law, and this page covers only the Marchman Act. Whether a judge orders treatment depends on the facts and the evidence presented at the hearing.

What a Marchman Act Attorney Handles After an Early Discharge

A Marchman Act attorney first sorts out the facts of the early exit and checks whether a petition fits them. The work usually covers five areas.

• The exit itself. Dates, the program’s discharge records, and any recent overdose, hospital stay, or safety scare.
• The petition contents. The petition must name your son and you, state your relationship, and give the facts behind your belief that he is impaired. Fla. Stat. § 397.68141 A certificate or report from a qualified professional who examined him within 30 days before the petition was filed may be attached. If he was not assessed, the petition must say so.
• The right county. The petition goes to the clerk of the court where your son is located, and the clerk may not charge a filing fee. Fla. Stat. § 397.681 The petition belongs where he is physically located, not necessarily where you live. A Fifth District court held that filing in the wrong county is a venue defect, not a loss of jurisdiction. J.P. v. J.N.
• Presenting the case. The Fifth District has held that when the petitioner is absent, the court may not call and question the professional who executed the certificate to supply the petitioner’s case. C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare The Fourth District has certified conflict with those decisions, so this is Fifth District law, not a statewide rule. J.J.J. v. D.G.
• Your son’s rights. A respondent has the right to counsel at every stage of a judicial proceeding relating to a petition for his or her involuntary treatment for substance abuse impairment, unless he or she waives it while present and the court finds the waiver is knowing, intelligent, and voluntary. Hillsborough County v. Albrechta

How a Marchman Act Case Typically Moves, Step by Step

A Marchman Act case usually moves from petition to hearing, then to a treatment order that can be renewed. Timelines vary by county and by case, so ask a lawyer for the expected steps in your situation.

1. Consultation. You share the dates, records, and history with a lawyer.
2. Case review. The lawyer checks whether a Marchman Act petition fits the facts or whether another option applies.
3. Petition filed. It goes to the clerk in the county where your son is located.
4. Emergency order, if needed. When emergency circumstances exist, the court may rely on the petition alone and enter an ex parte order for assessment and stabilization. Fla. Stat. § 397.6818 A service provider may not hold a person for more than 72 hours of observation, subject to listed exceptions. A Second District court reversed an ex parte order where the petition did not give a good faith reason to believe the criteria were met. D.H. v. K.J.R.
5. Under Fla. Stat. § 397.6957, the court must review the results of the qualified professional’s assessment, and your son must be present at the hearing unless the court finds he knowingly, intelligently, and voluntarily waives his right to be present or, upon receiving proof of service and evaluating the circumstances of the case, that his presence is inconsistent with his best interests or is likely to be injurious to self or others.
6. Treatment order.

Why Families Work with Robinson Casey on These Matters

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters for families in South Florida and across Florida. Richard J. Casey III, Esq. is the responsible lawyer for this page. Our team, including the firm’s lawyers and support staff, handles these matters.

The firm serves families in Miami-Dade County and South Florida, and it handles matters statewide. Related work in its practice includes involuntary commitment for addiction and emergency temporary guardianship. If a matter may be better handled by another lawyer or firm, we will tell you at the outset.

Frequently Asked Questions About Leaving Treatment Early

Talk Through Your Son’s Situation With a Marchman Act Attorney

If your son walked out of treatment, and you’re looking for a legal way to get him back into proper care, you don’t have to work out the court process alone. Gather his discharge dates, program records, and any recent emergency information. Then call (561) 849-4700 or request a consultation, and we’ll go over the facts with you.