{"id":19706,"date":"2026-11-09T08:22:33","date_gmt":"2026-11-09T08:22:33","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/who-chooses-treatment-provider-marchman-act-florida\/"},"modified":"2026-11-11T05:02:04","modified_gmt":"2026-11-11T05:02:04","slug":"who-chooses-treatment-provider-marchman-act-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/who-chooses-treatment-provider-marchman-act-florida\/","title":{"rendered":"Marchman Act Treatment Facility Placement in Florida"},"content":{"rendered":"\n
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Marchman Act and Guardianship | Miami-Dade and South Florida<\/p>

Guidance for Families Facing Marchman Act Treatment Placement<\/h1>

Robinson Casey focuses on Marchman Act and guardianship matters, helping families across South Florida and throughout Florida understand their options.<\/p>

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Casey III, Esq. \u00b7 Published November 9, 2026<\/p>\n\n

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If a loved one is struggling with addiction and a Marchman Act case has come up, you may be wondering who gets to choose where they go. In Florida, a court decides whether involuntary treatment is ordered, and a licensed provider decides whether it admits the person. Richard J. Casey III, Esq. is responsible for this page, and the answer below explains how those two steps fit together.<\/p>\n

Short Answer: Who Chooses the Treatment Facility Under the Marchman Act<\/h2>\n

No single relative or doctor picks the facility alone under the Marchman Act. A court order and a licensed provider’s admission decision both have to line up. The process starts with a petition, and the statute lets certain people file it. For an adult, a petition may be filed by the person’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the substance abuse and prior treatment (Fla. Stat. \u00a7 397.68112<\/a>). Even after a judge enters an order, the provider applies its own admission rules and can decline admission.<\/p>\n

Knowing that two steps exist helps you ask the right questions early. Here is how each step works.<\/p>\n

Our team at Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. We serve families across South Florida and statewide.<\/p>\n\n

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If you are facing a fast decision about a loved one's treatment, you do not have to work through the court steps alone, and we are glad to talk it through. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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How the Marchman Act Works in Florida<\/h2>\n

A petition must name the person and the petitioner, and it must explain their relationship. It must also give the reasons the petitioner believes the person is impaired, has lost self-control, and either has inflicted or is likely to inflict physical harm on himself or herself or others unless the court orders the involuntary services, or refuses care because impaired judgment keeps them from appreciating the need for care (Fla. Stat. \u00a7 397.68141<\/a>). A petition may include an assessment done within 30 days before filing.<\/p>\n

The court must schedule a hearing within 10 court working days unless a continuance is granted (Fla. Stat. \u00a7 397.68151<\/a>). The judge must find the conditions proved by clear and convincing evidence before ordering treatment. That order can last up to 90 days (Fla. Stat. \u00a7 397.697<\/a>).<\/p>\n

Does a Court Order Name the Facility?<\/h2>\n

A court order may point to a specific licensed provider, but that provider’s admission is a separate step. If the court finds it necessary, it may direct a sheriff to take the person to the provider named in the order, or to the nearest appropriate licensed provider (Fla. Stat. \u00a7 397.697<\/a>).<\/p>\n

Before a provider accepts anyone, it must confirm the person meets the admission criteria. It must place the person in the most appropriate and least restrictive available setting. It must check that admission will not push it over its licensed capacity. It must also determine whether the cost of services is within the financial means of the person or those financially responsible for the person’s care (Fla. Stat. \u00a7 397.6751<\/a>).<\/p>\n

If a provider decides not to admit, it must try to reach the referral source and talk through other options. If it cannot reach that source, it must refuse admission and try to help the person gain access to other appropriate services, if indicated. Within one workday, it must report the reason in writing.<\/p>\n

A common mistake is assuming the court order alone secures a bed. The provider’s intake decides whether the person is admitted.<\/p>\n

Can a Doctor Refuse to Treat Someone With an Addiction?<\/h2>\n

A doctor’s assessment can support a petition, but only a court order can compel involuntary treatment. A petition may be accompanied by a qualified professional’s certificate or report, if that professional examined the person within 30 days before the petition was filed.<\/p>\n

Hospitals follow their own clock. Within 72 hours after an emergency admission to a hospital or a licensed detoxification or addictions receiving facility, the attending physician must assess the person to determine the need for further services. Based on that assessment, a qualified professional must either release the person, referring them to other needed services where appropriate, or keep them when the person has consented to remain voluntarily or when a petition for involuntary assessment or treatment has been timely filed, which authorizes the facility to retain physical custody pending further order of the court (Fla. Stat. \u00a7 397.6797<\/a>).<\/p>\n

A person can be medically stable and still be in crisis. If a provider decides that an involuntary individual’s medical conditions or behavioral problems can no longer be safely managed, it must discharge the person, try to help them reach more appropriate services, and report the basis for discharge and its efforts to the referral source in writing within 72 hours (Fla. Stat. \u00a7 397.6751<\/a>).<\/p>\n

Emergency Situations and Immediate Risk<\/h2>\n

In an emergency, a judge can enter an order based on the petition alone, before the full hearing. The court may do this without appointing an attorney, and the order must be carried out while the hearing is pending (Fla. Stat. \u00a7 397.6818<\/a>). An emergency exists when the petitioner asserts that emergency circumstances exist, or when the court determines upon review of the petition that an emergency exists.<\/p>\n

A provider generally may hold a person for no more than 72 hours of observation.<\/p>\n

Due process still applies. In Marchman Act proceedings, the court decides whether appointing an attorney for the respondent is appropriate under \u00a7397.68151<\/a>, but in an emergency the court may enter an ex parte order without appointing an attorney. An ex parte order must also rest on facts in the petition that give a good faith reason to believe the criteria are met (D.H. v. K.J.R.<\/a>).<\/p>\n

Who Pays for Involuntary Treatment<\/h2>\n

The person must contribute toward the cost according to ability to pay, unless otherwise provided by law. Before admission, the full charge and the fee for that person must be disclosed (Fla. Stat. \u00a7 397.431<\/a>).<\/p>\n

Providers that contract for state funds must base fees on ability to pay. They may not deny services solely for inability to pay when space and state resources are available.<\/p>\n

Before admission, ask the provider to state the full charge and the fee that applies to your loved one.<\/p>\n\n

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Not sure what your next step is?<\/h3>

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

Marchman Act vs. Baker Act in Florida<\/h2>\n

The Marchman Act deals with substance use, and the Baker Act deals with mental illness. Some people have both conditions. The Marchman Act criteria cover a substance use disorder paired with a co-occurring mental health disorder.<\/p>\n

The clinical report must recommend a level of substance abuse treatment the respondent requires, if any, and must note whether the respondent has any co-occurring mental health or other treatment needs (Fla. Stat. \u00a7 397.6957<\/a>).<\/p>\n

Because two laws can touch one person’s care, confirm which law the paperwork refers to before you assume the process.<\/p>\n\n

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Questions to Bring to a Consultation<\/h2>\n

Start with where your loved one is physically located right now, because that decides which county hears a petition. A Marchman petition belongs in the county where the respondent is physically located when it is filed (J.P. v. J.N.<\/a>). However, filing the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction (J.P. v. J.N.<\/a>).<\/p>\n

In Miami-Dade, the Miami-Dade Clerk<\/a> directs adult cases to the Probate Court and minor cases to Juvenile Court.<\/p>\n

Bring these facts to your first conversation:<\/p>\n