{"id":16118,"date":"2026-11-02T10:52:32","date_gmt":"2026-11-02T10:52:32","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/relapse-after-court-ordered-treatment-florida\/"},"modified":"2026-11-04T16:12:12","modified_gmt":"2026-11-04T16:12:12","slug":"relapse-after-court-ordered-treatment-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/relapse-after-court-ordered-treatment-florida\/","title":{"rendered":"Marchman Act Relapse in Florida: What Families Can Do Next"},"content":{"rendered":"\n
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Marchman Act & Guardianship | Miami-Dade and South Florida<\/p>

A Relapse Does Not End Your Family's Options<\/h1>

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, helping families across South Florida and statewide understand what a court can do next.<\/p>

Schedule a Free Consultation<\/a><\/div>
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By Richard J. Casey III, Esq. \u00b7 Published November 2, 2026<\/p>\n\n

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The Short Answer: A Relapse Does Not End a Family’s Options<\/h2>\n

A relapse does not automatically close the door. If your loved one returns to use after a Marchman Act treatment order in Florida, you may be able to ask the court to act again.<\/p>\n

Watching someone you love slide back into substance use after a court order is hard. Many families feel they have run out of options. They often look for answers while the situation is still unfolding.<\/p>\n

This page explains the general process. It covers what a court looks at, how a new petition moves forward, and what to gather first. It does not predict how any judge will rule. It applies the statute to current facts.<\/p>\n

Robinson Casey concentrates its practice on Marchman Act petitions and guardianship matters for families in South Florida and statewide. For an overview of the law, read our Marchman Act guide<\/a>.<\/p>\n\n

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If your loved one has returned to use after a court-ordered program, you don't have to face the next step alone; call (561) 849-4149 to talk through the facts. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
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What the Marchman Act Is and Who Can File<\/h2>\n

The Marchman Act is Florida’s court process for involuntary assessment, stabilization, and treatment of a person who is substance abuse impaired. It appears in Florida Statutes Chapter 397. The process starts when someone files a petition with the court.<\/p>\n

Florida law sets out who may file. For an adult, a petition may be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and the person’s prior assessment and treatment. See \u00a7 397.68112<\/a> for the full list.<\/p>\n

A petition for involuntary treatment may be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and prior course of assessment and treatment. The petition is filed with the clerk of the court in the county where the person is located. See \u00a7 397.681<\/a>. The clerk may not charge a fee to file a petition. The court may prohibit, or a law enforcement agency may waive, service of process fees if a petitioner is determined to be indigent. See \u00a7 397.681<\/a>. The impaired person is named as the respondent. See \u00a7 397.681<\/a>.<\/p>\n

Location matters. In J.P. v. J.N.<\/a>, a Fifth District court held that a petition filed in the wrong county did not take away the circuit court’s jurisdiction. However, in J.P. v. J.N.<\/a>, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction. The petition belonged where the person was physically located.<\/p>\n

Relapse After a Marchman Act Order: What It Means Legally<\/h2>\n

A return to use is serious. The court asks whether the person meets the involuntary admission criteria now. Under \u00a7 397.675<\/a>, there must be a good faith reason to believe the person is substance abuse impaired or has a substance use disorder and a co-occurring mental health disorder. The person must also have lost the power of self-control with respect to substance use.<\/p>\n

The person must need services and, because of substance abuse impairment, be incapable of appreciating that need and of making a rational decision about it; mere refusal to receive services is not by itself evidence of that lack of judgment. See \u00a7 397.675<\/a>. Or the person must, without care or treatment, be likely to neglect themselves in a way that poses a real and present threat of substantial harm, and it must not be apparent that the harm can be avoided through the help of willing, able, and responsible family members or friends or other services. Or there must be a substantial likelihood that the person has inflicted, or threatened or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.<\/p>\n

Under \u00a7 397.68111<\/a>, a petition may be filed when a person reasonably appears to meet the criteria for involuntary admission in \u00a7 397.675<\/a>. It may also be filed when a qualified professional assessed the person within 30 days. See \u00a7 397.68111<\/a>. Recent facts and recent assessments both matter.<\/p>\n

Families should write down current facts that map to the statute. See \u00a7 397.68141<\/a>. Families often document missed follow-up visits, returns to use, safety concerns, and statements or behavior that suggest loss of control.<\/p>\n

How a New Petition Moves Through the Court Process<\/h2>\n

After a petition is filed, the court decides whether the person has a lawyer or should have one appointed. The court must schedule a hearing within 10 court working days, unless a continuance is granted. See \u00a7 397.68151<\/a>.<\/p>\n

The court must immediately determine whether the person named as respondent has an attorney or whether appointing counsel is appropriate. A Florida appeals court has held that this right is a constitutional due process protection. See Hillsborough County v. Albrechta<\/a> and \u00a7 397.681<\/a>.<\/p>\n

An involuntary assessment and stabilization order under \u00a7 397.6957<\/a> is valid for 90 days. See \u00a7 397.6957<\/a>.<\/p>\n

At the hearing, testimony must be under oath and the proceedings must be recorded. In J.C. v. State<\/a>, the court failed to follow the applicable statute by essentially functioning as the absent petitioner. Emergency situations follow different steps, set out in \u00a7 397.679<\/a>.<\/p>\n

How Long a Marchman Act Lasts and What Continued Support Can Look Like<\/h2>\n

The court may order involuntary treatment services for a period not to exceed 90 days. That order requires the conditions to be proved by clear and convincing evidence. The court keeps jurisdiction to monitor compliance. See \u00a7 397.697<\/a>.<\/p>\n

A renewal petition must be filed before the services period expires. If the court grants it, the court may order up to an additional 90 days. See \u00a7 397.6975<\/a>. See \u00a7 397.6977<\/a>.<\/p>\n

Discharge planning must document follow-up behavioral health appointments. It must also cover how to get prescribed medications, living arrangements and transportation, and referral to recovery support. Florida’s DCF aftercare materials<\/a> describe aftercare that includes continuing recovery management and long-term recovery maintenance.<\/p>\n

Your own records of follow-up visits and recent events can be useful. The court looks at current condition, so dated records of what has happened since discharge help show where things stand.<\/p>\n

What Families Should Gather Before Deciding on the Next Step<\/h2>\n

Start with dates. Organized facts carry more weight than general worry. Gather these items:<\/p>\n