Marchman Act Attorney Miami: What Happens After Treatment

When a Marchman Act treatment order ends, the person is discharged automatically unless someone has asked the court to renew it. Florida law caps a court-ordered treatment period at 90 days. This guide explains what happens after Marchman Act treatment in Florida, step by step.

When Your Adult Child Is Coming Home From a Court-Ordered Program

You have tried treatment, interventions and boundaries. Now a recent overdose, hospital stay, arrest or disappearance has you asking about a legal route. Wanting a court to help secure proper care is a reasonable step. You don’t have to manage this alone.

This guide focuses on the involuntary side: the order, its end, and what follows. For the broader overview, read our Marchman Act attorney guide.

How Long a Marchman Act Treatment Order Lasts in Florida

A court-ordered involuntary treatment period in Florida lasts up to 90 days. Anything longer requires a separate renewal request.

Under Fla. Stat. § 397.697, the court may order treatment for a period not to exceed 90 days. The court must first find the conditions proved by clear and convincing evidence. Earlier steps have their own timing. A person may be the subject of a petition if they reasonably appear to meet the criteria for involuntary admission, were placed under protective custody or had an emergency admission within the previous 10 days, or were assessed by a qualified professional within 30 days (§ 397.68111).

The clerk may not charge a filing fee (§ 397.681). The court must schedule a hearing within 10 court working days unless a continuance is granted (§ 397.68151). However, in J.P. v. J.N., the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction.

The exact time limits depend on the facts of the case and the stage it has reached.

What Happens on the Day a Treatment Order Ends

When the 90-day period ends, the person is discharged automatically. That happens unless a renewal motion was filed with the court (§ 397.6977).

Discharge planning should be settled before that day. The statute says the plan must document the person’s needs and the steps to meet them. At a minimum, it covers follow-up behavioral health appointments, how to get prescribed medications, living arrangements and transportation, and referral to recovery support.

Those items answer your biggest fears. Ask which appointments are booked. Ask how the person will get prescribed medication, and where they will sleep on discharge day. Your worry about an overdose after discharge is understandable, so ask how the plan handles relapse prevention. Ask for the plan in writing.

An order can also end early. Under § 397.6971, a person may be discharged before the period ends when, for example, they no longer need treatment services.

Who Pays for Marchman Act Services in Florida

Costs depend on the provider and on who pays for the treatment.

Under § 397.697, the court may order treatment through a publicly funded licensed service provider. It may order a privately funded provider if the person has the ability to pay. It may also do so if someone acting for the person voluntarily shows both willingness and ability to pay.

Filing the petition carries no clerk fee (§ 397.681). If the petitioner is found indigent, the court may prohibit service of process fees. A law enforcement agency may also waive them (§ 397.68112).

Before you agree to anything, ask the provider and the court, in writing, what you may owe.

Can a Marchman Act Order Be Cancelled or Ended Early

A Marchman Act order can end early in some cases. Ending an order runs through specific routes in the statute. Whether any route applies depends on the facts and the court’s findings.

Early release is one route. A person may be discharged early if they no longer meet the criteria for involuntary admission and agree to voluntary status. They may also be discharged if they were admitted on the grounds of likelihood of infliction of physical harm to themselves or others and that likelihood no longer exists (§ 397.6971).

The court can also dismiss. The court also keeps authority to enter further orders, including changing the treatment approach (§ 397.697).

The person has rights throughout. The respondent has the right to counsel at every stage of the proceeding, which the respondent may waive only if present and the court finds the waiver is made knowingly, intelligently, and voluntarily (§ 397.681).

For related options when an adult child uses drugs at home, see our guide on adult children using drugs at home.

Is the Marchman Act Involuntary, and What Rights Does Your Child Have

Yes. The Marchman Act is a court process. It can order assessment and treatment without the person’s consent, when the statutory criteria are proved.

Under § 397.675, a person meets the criteria if there is good faith reason to believe they are substance abuse impaired. The impairment must have caused them to lose power of self-control. Or they must face a real and present threat of substantial harm from neglect or refusal of care, one that cannot be avoided through help from willing, able, and responsible family members or friends or other services, or there is a substantial likelihood they have inflicted, or threatened or attempted to inflict, or, unless admitted, are likely to inflict, physical harm on themselves or another.

Your child has rights. A copy of the petition and the hearing notice must go to the respondent (§ 397.68151). The respondent must be present at the hearing unless the court finds a valid waiver or reason. Testimony is under oath, and the respondent may refuse to testify (§ 397.6957).

On incarceration, the law is clear. Individuals served by a substance abuse service provider who are not accused of a crime or delinquent act may not be detained or incarcerated in jails, detention centers, or training schools of the state, except for purposes of protective custody in strict accordance with this chapter (§ 397.501). This guide covers the civil treatment process. A criminal charge is a separate matter.

For family-focused context, see our guide on protecting children from a parent’s addiction.

If Your Child Relapses After the Order Ends

A return to using after treatment does not mean your family failed. Whether a new petition is possible depends on the facts and on what has changed since the last order.

Under § 397.68112, an adult respondent’s relative may file a petition. The petition must state the respondent’s and petitioner’s names, their relationship, and the factual reasons for your belief that the person is substance abuse impaired, has lost the power of self-control with respect to substance abuse, and has inflicted or is likely to inflict physical harm on himself or herself or others unless the court orders services, or that the refusal of care is based on impaired judgment (§ 397.68141).

Start with practical steps now. Write down dates and events as they happen. Keep emergency contacts current. Ask the provider for the discharge plan in writing.

Talk Through Your Situation With Robinson Casey

If your adult child is coming home from a court-ordered program, the timeline and the discharge plan are worth working through with a lawyer. The firm limits its practice to Marchman Act petitions and guardianship matters in Florida, serving families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.

Quick Answers

If you are weighing these questions for your child right now, you don’t have to sort them out alone. Call (561) 849-4700 or request a consultation. Your first consultation is free, confidential, and comes with no obligation to continue.