Marchman Act Discharge Attorney in Florida | Robinson Casey

Your loved one’s Marchman Act treatment order is nearing its end, and you need to know what comes next. Under Fla. Stat. § 397.6977, discharge planning for a person released from involuntary treatment services must include and document that person’s needs, and actions to address those needs. This page explains that stage and how a Marchman Act discharge attorney in Florida can help your family prepare.

What Discharge Planning Means Under a Florida Marchman Act Treatment Order

Discharge planning is the work of getting a person ready to leave court-ordered treatment and keep up care somewhere else.

The Marchman Act is Florida’s law for involuntary assessment and treatment of people with substance use problems. Discharge at the end of court-ordered involuntary services, and the discharge planning that must accompany a release, are addressed in section 397.6977 of the Florida Statutes. The petition and early assessment start the case. Discharge planning comes later, as treatment nears its end.

Discharge planning isn’t a single meeting. It’s a set of decisions that run until the day the person leaves.

The law sets a floor for what the plan must cover. Under § 397.6977, as amended in 2024, the plan must document the person’s needs and the steps to meet them. The list includes follow-up behavioral health appointments, how to get prescribed medications, living arrangements and transportation, and referral to recovery support opportunities.

Discharge planning answers one practical question. Where will your loved one live, get medication, and get to appointments once treatment ends? For the full overview of the Act, see the Marchman Act attorney guide.

Who This Page Is For

This page is for adult family members of a person under a Florida Marchman Act treatment order who are nearing discharge. You may be a parent, adult child, spouse, sibling, or other relative.

Family members have a real role in this stage. A person who filed the original petition may join a renewal request if the provider supplies supporting documentation. The court must also send notice of any renewal hearing to all parties and counsel.

Many readers worry about the same things. Your loved one might return to the setting that led to the petition, to housing that isn’t safe, or to a life with no plan for medication or rides. Those worries are reasonable, and they’re worth raising before release day.

One mistake to avoid is treating release as a single day. The plan has to cover the first week and the months after.

You may still be researching. You don’t have to decide to hire anyone yet. This page can help you work out what to ask.

What a Marchman Act Discharge Attorney Helps With

A Marchman Act discharge attorney helps a family understand the release stage and put its concerns in front of the right people. Here is what that work can include.

• Reading the order. Reviewing the treatment order next to the discharge recommendations, with your questions in mind.
• Shaping the family’s position. Preparing a clear written statement on housing, supervision, and aftercare.
• Tracking notice. Explaining who must be told about a release.
• Early departures. Advising what to do if your loved one leaves treatment early, using the guide for a son who left detox.
• No stable place to go. Advising on safety and housing when your loved one has nowhere stable to stay, using the housing guide for adult children.
• Right to counsel. Your loved one has the right to a lawyer at every stage of the court proceeding, though that right can be waived if your loved one is present and the court finds the waiver is made knowingly, intelligently, and voluntarily. A person who can’t afford one can ask the court to appoint one (§ 397.681).
• Related guardianship questions. Robinson Casey also handles guardianship matters, so a related decision-making question can be reviewed in the same conversation.

How the Discharge Planning Process Works, Step by Step

The timing can vary with the court, the treatment setting, and your loved one’s progress. These steps give most families a workable order.

1. Gather the paperwork. Collect the treatment order, the provider’s discharge recommendations, and any records the family already holds.
2. List the decision points. Note the destination after release, the follow-up care, the medications, and who will drive and supervise.
3. Put concerns in writing. Send the treatment team, and where appropriate the court, a short written list of the family’s concerns.
4. Check the plan against the order. Confirm the plan covers each item the statute requires, and flag any gap.
5. Prepare for release day. Confirm appointment dates, medication access, and the contacts the family should have. Personal belongings must be returned at discharge, even if it is against medical advice (§ 397.501).

Here is how the clock works:

• At 90 days. A person is automatically discharged at the end of the 90-day period unless a renewal has been filed (§ 397.6977).
• Early release. Release can come sooner for several reasons, for example when the person no longer needs treatment, or when the person no longer meets the criteria for involuntary admission and has given informed consent to move to voluntary status. A qualified professional makes that call (§ 397.6971).
• Renewal. If the provider believes an individual nearing the scheduled release date continues to meet the criteria for involuntary services, a renewal petition must be filed before the court-ordered period ends. The service provider or the person who filed the initial treatment petition may file it, the latter only with supporting documentation from the provider. Once filed, the court must hold a hearing within 10 court working days, not more than 15 days after filing. 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.” The court may order up to 90 more days (§ 397.6975).

Ask the provider for the end date in writing. Because renewal hearings move on a short statutory schedule, don’t wait until the final days to raise questions.

Why Families Work With Robinson Casey

Robinson Casey is a Florida law firm that limits its practice to Marchman Act petitions and guardianship matters. It serves families across South Florida, including Miami-Dade, and statewide.

Richard J. Casey III, Esq., is the responsible lawyer for this page. The firm’s support staff handle scheduling and paperwork, so you can focus on the decisions in front of you.

The firm’s offerings include Marchman Act representation, involuntary commitment for addiction, emergency temporary guardianship, plenary and limited guardianship, and mental health guardianship. Because the work stays in these areas, the conversation can stay on your family’s facts.

Questions Families Ask Before Discharge

Before release, families usually need clear answers to a few questions. Each one can be raised in writing.

• Can we say what the plan should include? Yes. Your written list can track the minimum items the statute lists: follow-up behavioral health appointments, how to obtain prescribed medications, available living arrangements and transportation, and referral to recovery support.
• What if we disagree with the recommendation? Raise the concern with the treatment team and the court in writing. The court keeps authority to monitor compliance and change the treatment approach (§ 397.697).
• What should we collect? Keep the order, the medication list, appointment dates, and a written address and transportation plan. A written consent to share these records must name the recipients and an expiration date (42 C.F.R. § 2.31).
• What if use returns after discharge? Plan for it now. Ask which recovery supports the discharge plan includes. For more, read about relapse after court-ordered treatment.
• Does a lawyer replace the treatment team? No. A lawyer doesn’t replace the clinicians. A lawyer helps the family ask the right questions and present them to the court.

Frequently Asked Questions

Talk Through Your Situation With Robinson Casey

If your loved one is nearing release from a Marchman Act treatment order, you can talk through the plan before anything is decided. Release day comes quickly, so the paperwork, medications, and housing need attention early. Call (561) 849-4149 or schedule a consultation. Your first consultation is free, confidential, and without obligation to continue.