{"id":7234,"date":"2026-10-18T09:46:46","date_gmt":"2026-10-18T09:46:46","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-out-of-county-treatment-florida\/"},"modified":"2026-10-20T15:32:26","modified_gmt":"2026-10-20T15:32:26","slug":"marchman-act-out-of-county-treatment-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-out-of-county-treatment-florida\/","title":{"rendered":"Marchman Act Order and Out-of-State Rehab in Florida"},"content":{"rendered":"\n
<\/span>\"A
\n

Marchman Act & Guardianship | South Florida and Statewide<\/p>

Marchman Act Orders and Out-of-State Treatment: Know Your Options<\/h1>

Robinson Casey focuses exclusively on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Your first consultation is free, confidential, and carries no obligation to continue.<\/p>

Schedule Your Free Consultation<\/a><\/div>
Schedule Your Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Richard J. Casey III, Esq. \u00b7 Published October 18, 2026<\/p>\n\n

\n\n

Can a Marchman Act Order Send Someone Out of State?<\/h2>\n

Can a Marchman Act order send someone to out-of-state rehab? A Marchman Act order sends a person to treatment through a licensed service provider. The case starts in the Florida county where that person is located. Whether an out-of-state program can be used depends on the facts, including the order’s wording and the facility itself.<\/p>\n

If you’re reading this, someone you love may be drinking or using drugs and refusing help. You may be the one who has to decide what happens next. That’s a heavy place to be. The rules are clearer than they feel, so let’s walk through them one step at a time.<\/p>\n\n

\n

If your loved one keeps refusing help and you're unsure where treatment could legally happen, our team is glad to talk through the facts with you. 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\n
\"Wooden<\/figure>\n

What a Marchman Act Petition Does and Where It Begins<\/h2>\n

A Marchman Act petition asks a Florida court to order a person into assessment and treatment for substance use. It starts when someone files a petition with the court.<\/p>\n

Not just anyone can start it. For an adult, the statute lets a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the substance use file the petition (\u00a7 397.68112<\/a>). The petition goes to the clerk of court in the county where the person is located. The clerk may not charge a filing fee (\u00a7 397.681<\/a>).<\/p>\n

The petition must also lay out the facts. It needs the names of the respondent and the petitioner, and their relationship. It must explain why the petitioner believes the person is impaired and at risk (\u00a7 397.68141<\/a>).<\/p>\n

The person named in the petition is called the respondent. A respondent has the right to a lawyer at every stage of the case. A court-appointed lawyer is available to a respondent who cannot afford one (\u00a7 397.681<\/a>). The Second District has held that due process requires counsel in these cases (Hillsborough County v. Albrechta<\/a>).<\/p>\n

Does a Marchman Act Order Name a Treatment Location?<\/h2>\n

A Marchman Act order directs treatment. It usually points to a licensed service provider, not just a court address. The court can order treatment from a publicly funded licensed provider. It can also order care from a privately funded provider if the person can pay, or if someone acting for them is willing and able to pay (\u00a7 397.697<\/a>).<\/p>\n

Two places matter here, and families often mix them up. The first is the county where the court case is filed. The second is where treatment actually happens. They are not always the same place.<\/p>\n

The Fifth District looked at this problem in J.P. v. J.N.<\/a>. The petition was filed in one county while the person was in a detox facility in another county. The court held that filing in the wrong county did not take away the circuit court’s jurisdiction. The court treated it as a venue problem, not a loss of power to hear the case.<\/p>\n

In practice, the county question comes first at filing. Check where the person is physically located on the day the petition is filed.<\/p>\n

Can a Marchman Act Order Send Someone Outside Their County?<\/h2>\n

The statute refers to the nearest appropriate licensed provider, or a provider the court designates. That means the wording of the order controls where the person goes.<\/p>\n

Families should read the order closely. Look for the provider’s name, its location, and the plan for getting the person there. These details tell you what the court actually approved.<\/p>\n

The court must schedule a hearing within 10 court working days unless it grants a continuance (\u00a7 397.68151<\/a>). The respondent must be present at the hearing. The exceptions are a knowing, voluntary waiver, or a finding that being present is not in the person’s best interests (\u00a7 397.6957<\/a>).<\/p>\n

Can a Marchman Act Order Send Someone Out of State?<\/h2>\n

An out-of-state placement raises different questions than an in-state one. The main ones are whether the facility is licensed to provide the care, how the order will be carried out there, and how the court keeps track of the case.<\/p>\n

The statute is written around licensed service providers. It also keeps the court in control of the case after an order is entered. The court can monitor compliance with treatment, change the treatment approach, or start contempt proceedings for violating a valid order (\u00a7 397.697<\/a>).<\/p>\n

Whether a particular program outside Florida can be used turns on the order language, the facility’s licensing, and the transport plan. Raise these questions with the court and the lawyer early. Settle them before anyone is moved.<\/p>\n

How Criteria and Risk Shape Placement<\/h2>\n

A court can order treatment only when the person meets the statute’s criteria. The evidence shapes what the order looks like.<\/p>\n

The person must be substance abuse impaired, or have a substance use disorder along with a co-occurring mental health disorder. Because of that, the person must have lost the power of self-control with respect to substance use. The person must also meet one more test. They must either need services and be unable to appreciate that need, or be likely to neglect themselves in a way that poses a real and present threat, or have inflicted or threatened harm (\u00a7 397.675<\/a>).<\/p>\n

One common mistake is treating refusal as proof. The statute says mere refusal to receive services is not, by itself, evidence of lack of judgment about the need for them (\u00a7 397.675<\/a>). The petition needs specific facts, such as a recent incident or a pattern of harm.<\/p>\n

Timing matters too. A petition may rest on protective custody or an emergency admission within the past 10 days. It may also rest on an assessment by a qualified professional within 30 days (\u00a7 397.68111<\/a>). The court must find the conditions proved by clear and convincing evidence before it orders services (\u00a7 397.697<\/a>).<\/p>\n\n

\n

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

Law Enforcement Transport and What Happens at Pickup<\/h2>\n

When a court orders it, a law enforcement officer can take the person into custody. The officer delivers the person for evaluation to the nearest appropriate licensed provider, or to one the court designates (\u00a7 397.6818<\/a>).<\/p>\n

The officer must restrain the person in the least restrictive manner available and appropriate under the circumstances (\u00a7 397.341<\/a>).<\/p>\n

Families often ask how long a person can be held after arrival. The provider may hold the person for observation for no more than 72 hours. Exceptions include a court-granted extension after a hearing, withdrawal or a need for medical treatment, and a weekend or holiday that ends the observation period (\u00a7 397.6818<\/a>).<\/p>\n

Timing of the order matters. An ex parte order that is not executed by the initial hearing date is deemed void (\u00a7 397.6818<\/a>). Keep a copy of the order and the provider’s contact details with you.<\/p>\n

Can a Marchman Act Order Be Cancelled or Changed?<\/h2>\n

A Marchman Act order stays under the court’s control after it is entered. Changes come through the court, or through the statute’s release rules.<\/p>\n

The court keeps jurisdiction over the case. It can change the treatment approach or monitor compliance (\u00a7 397.697<\/a>).<\/p>\n

The statute also allows early release. A person may be discharged before the 90-day period ends. One path is when the person no longer meets the criteria and gives informed consent to move to voluntary treatment. The provider must then discharge the person and notify the people the court named (\u00a7 397.6971<\/a>).<\/p>\n

An order for involuntary treatment can run up to 90 days. If the conditions still exist, a renewal petition may be filed before that period ends (\u00a7 397.6975<\/a>). The right path turns on the order and where the case stands.<\/p>\n\n

\"Close-up<\/figure>\n

Talk Through Your Loved One’s Situation With Robinson Casey<\/h2>\n

If a parent, spouse, or adult child keeps refusing help for drinking or drug use, you’re carrying a hard decision. The question of where treatment could happen can feel urgent and unclear.<\/p>\n

Robinson Casey concentrates in Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq. is the lawyer. Our team supports the practice for families across South Florida and statewide.<\/p>\n

The first consultation is free, confidential, and without obligation. To talk through your loved one’s situation, call (561) 849-4149 or visit our contact page<\/a>.<\/p>\n

Common Questions<\/h3>
Can a Marchman Act order send someone to out-of-state rehab?<\/summary>

The order directs treatment through a licensed provider, and the answer depends on the order’s wording and the facility. Florida’s case starts in the county where the person is located.<\/p><\/details>

Who can file a Marchman Act petition?<\/summary>

For an adult, a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge may file.<\/p><\/details>

Does the person have a lawyer?<\/summary>

Yes. A respondent has the right to counsel at every stage, and the court can appoint one.<\/p><\/details>

How long can a treatment order last?<\/summary>

A court can order involuntary treatment for up to 90 days, and a renewal may be requested for up to an additional 90 days.<\/p><\/details><\/article>\n