{"id":22842,"date":"2026-11-14T08:03:08","date_gmt":"2026-11-14T08:03:08","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-attorney-son-left-rehab-early-using-again-florida\/"},"modified":"2026-11-14T08:03:11","modified_gmt":"2026-11-14T08:03:11","slug":"marchman-act-attorney-son-left-rehab-early-using-again-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-attorney-son-left-rehab-early-using-again-florida\/","title":{"rendered":"Left Rehab Early in Florida: What to Do Next"},"content":{"rendered":"
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Left Rehab Early in Florida: What to Do Next<\/h1>\n

Your adult child left treatment early, and now they’re using again. You’ve likely spent years on payments, interventions and limits, and you may feel you have nothing left to try. Florida’s Marchman Act lets a family member ask a court to assess an adult who may need substance abuse treatment. This page explains how that process works, what it can and cannot do, and what you can do while you decide.<\/p>\n

You did not choose this crisis, and you don’t have to decide today<\/h2>\n

You don’t have to decide anything today. This page explains the options Florida law gives families, the risks of the days after an early exit, and what the court process looks like from the family’s side. Many parents reach this point after a long run of hard months. You may have paid for one program after another. You may have tried talking, waiting and setting boundaries, only to watch things get worse. Each overdose scare, hospital visit or arrest can feel like proof that nothing works. You are probably carrying this alone, while also working and keeping the household running. The goal here is simple. You should understand a legal way to get your adult child into proper treatment, with people who understand addiction, so you are no longer the only one managing the crisis.<\/p>\n

Why do adults leave treatment early?<\/h2>\n

Adults leave treatment early for many reasons, and the reason matters less than what happens next. Common reasons include discomfort, cravings, pressure to return to work or home, anger at the program, or a belief that they don’t need help. Your adult child may have said they were ready, then changed their mind after a few days. Florida law sets out specific procedures for these cases. A person’s refusal of services is not, by itself, proof that they lack the judgment to decide about their care. A court looks at more than a single walk-out. The question includes whether the person has lost the power of self-control with respect to substance use. It asks whether the person has lost the power of self-control over substance use, and whether that loss leaves them unable to see their need for help or likely to be harmed.<\/p>\n

Why are the days after an early exit so dangerous?<\/h2>\n

The days right after an early exit are a time when families fear the worst, and that fear is reasonable. Your adult child may no longer have a daily schedule, staff checking on them, or a set place to sleep. The people around them may not know what they are using or how much. You cannot control those days. You can plan for them. Keep 911 and a local emergency number in your phone. If your adult child is hard to wake, is not breathing normally, or cannot be roused, call 911 right away. Don’t wait to see whether it passes. Tell anyone who stays with your child what to do in that moment. Keep a current list of any medicines they take, and bring it to any doctor or hospital visit. Talk with a physician about medical concerns, including withdrawal, before the next crisis arrives.<\/p>\n

Can an adult be required to stay in treatment in Florida?<\/h2>\n

Yes, in some cases a Florida court can order an adult into involuntary treatment. The court must first make specific findings. Adults who enter treatment on their own can often leave on their own, which is why families feel stuck. The Marchman Act, found in Chapter 397 of the Florida Statutes, sets the rules for involuntary treatment for substance abuse. The court must find that the conditions for involuntary treatment are proved by clear and convincing evidence. Once it does, it may order treatment. Separately, if the person does not appear at the hearing and the court believes the commitment criteria are met and a substance abuse emergency exists, it may issue an ex parte assessment and stabilization order valid for 90 days. Whether this process fits your family depends on the facts, and a lawyer can review those facts with you. For a shorter answer to whether people can leave rehab, read our guide on leaving rehab<\/a>.<\/p>\n

What can a Florida family ask the court to do?<\/h2>\n

A family member can file a petition asking the court for an assessment and possible involuntary treatment. A relative, a spouse, a legal guardian, a service provider, or an adult with direct personal knowledge of the person’s substance abuse may file. Under Fla. Stat. \u00a7 397.681<\/a>, such petitions must be filed with the clerk of the court in the county where the person is located. The clerk may not charge a fee for filing it. Fla. Stat. \u00a7 397.681<\/a> Location matters. J.P. v. J.N.<\/a> The courts have jurisdiction of involuntary treatment petitions for substance abuse impaired persons. Fla. Stat. \u00a7 397.6818<\/a> A service provider generally may not hold the person for more than 72 hours of observation, unless a listed exception applies. Your adult child also has a right to counsel in the case, although in an emergency the court may enter an ex parte assessment and stabilization order without first appointing an attorney. Under Fla. Stat. \u00a7 397.681<\/a>, a respondent has the right to counsel at every stage of a judicial proceeding relating to a petition for involuntary treatment for substance abuse impairment.<\/p>\n

What practical steps help while you decide?<\/h2>\n

Start a written record now, with dates, places and names. A petition must explain why you believe your adult child is impaired, why they have lost self-control, and what harm you fear. Write down each overdose, hospital visit, arrest and disappearance. Include who was present and what was said. Keep copies of discharge papers and any records your adult child has shared with you. Treatment records are protected. Federal rules say a written consent to share them must name the recipient, describe the information, give an expiration, and be signed and dated. federal consent rules for treatment records<\/a> Set limits that protect your money, your home and your safety. Refusing to hand over cash for drug use is a limit. It is not abandonment, and you can keep the door open to contact at the same time.<\/p>\n

How do you look after yourself during the crisis?<\/h2>\n

You need support too, and you can start by choosing one person to call on the worst nights. Fear of an overdose, jail or homelessness can run through your mind all day and all night. Grief over losing hope that anything will work adds to that weight. Decide now what you will do if the phone rings late at night. Write down the emergency number and the steps you will take. Protect a little routine, such as regular meals, sleep and one thing that belongs only to you. You cannot control your adult child’s choices. You can control how you respond to the next crisis, and you can ask for help doing it.<\/p>\n

What happens after a petition is filed?<\/h2>\n

After a petition is filed, the court must schedule a hearing within 10 court working days unless it grants a continuance. Fla. Stat. \u00a7 397.6957<\/a> The respondent must be present at the hearing unless the court finds that they knowingly, intelligently, and voluntarily waive the right to be present or, after receiving proof of service and evaluating the circumstances of the case, that their presence is inconsistent with their best interests or is likely to be injurious to self or others, and the qualified professional’s clinical assessment must be filed with the court no later than the close of business the day before the hearing. An assessment order is valid for 90 days. Under Fla. Stat. \u00a7 397.6957(2)<\/a>, the petitioner has the burden of proving by clear and convincing evidence that the respondent is substance abuse impaired and has a history of lack of compliance with treatment for substance abuse. The petitioner must also prove that, because of the impairment, the respondent is unlikely to take part in recommended services voluntarily or can’t decide for themselves whether services are needed. On top of that, the petitioner must prove one of two things. The first is that without services the respondent is likely to suffer from neglect or refuse self-care in a way that poses a real and present threat of substantial harm to their well-being, and there is a substantial likelihood they will cause serious bodily harm to themselves or another in the near future, as shown by recent behavior. The second is that their refusal of care rests on judgment so impaired by substance abuse that they can’t appreciate their need for care or make a rational decision about it. J.C. v. State<\/a> Florida’s appeals courts have not all agreed on related points, so the rule that applies depends on where your case is filed.<\/p>\n

Talk through your situation with Robinson Casey<\/h2>\n

If your adult child left treatment early and is using again, a lawyer can review your facts and tell you whether a Marchman Act petition may fit. Robinson Casey is a Florida law firm that limits its practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page. Our team helps families through the paperwork and the court process. The first consultation is free, confidential, and carries no obligation to continue.<\/p>\n

Common questions<\/h3>\n

Who can file a Marchman Act petition for an adult?<\/strong> A relative, spouse, legal guardian, service provider, or adult with direct personal knowledge may file. Ask a lawyer how that applies to your facts.<\/p>\n

Does filing a petition cost money?<\/strong> The clerk may not charge a fee for filing the petition. Other costs depend on the case.<\/p>\n

Does my adult child get a lawyer?<\/strong> Your adult child has a right to counsel at every stage of the case.<\/p>\n

If you are ready to talk through what you are facing, call (561) 849-4149 or send us a message through our contact form<\/a>.<\/p>\n