What Happens After You File a Marchman Act?

What Happens After a Marchman Act Petition Is Filedfloridarehab.net

After you file, a judge reviews the petition. In an emergency the court can order law enforcement to pick up the person for assessment right away. Otherwise a hearing is set within 10 court working days, and if the petition is granted the person can be ordered into treatment for up to 90 days.

1. Review and possible ex parte order

The court can issue an emergency order without a hearing, directing law enforcement to take the person to the nearest appropriate licensed provider. The clerk issues a summons, and law enforcement generally serves it.

2. Assessment and stabilization

Adults must be assessed within 72 hours of arriving at the provider, longer if they are withdrawing or have medical needs; for minors, assessment must begin within 12 hours. The provider can hold the person for observation, generally not past the hearing date, and to the next court working day if the period ends on a weekend or holiday.

3. The hearing

The hearing is held within 10 court working days unless continued. The person has a right to a lawyer, and the petitioner presents the evidence. The court can hear family testimony about the person's history, order drug tests and allow remote testimony.

Not sure what to do next?

Talk with a treatment specialist about options, openings and insurance. Free and confidential, 24/7.

Call (866) 649-0814

4. The order

If the judge finds the criteria are met by clear and convincing evidence, the court can order involuntary treatment for up to 90 days, at the person's chosen licensed provider when possible, and in some cases outpatient. The court keeps jurisdiction and can use contempt proceedings if the order is violated.

5. Extension or discharge

Before the order expires, the provider or the original petitioner (with provider documentation) can request up to 90 more days. Otherwise the person is discharged automatically at the end of the order, with a discharge plan covering follow-up behavioral health appointments, medications, housing and transportation information and recovery supports.

If the person can't be found

An assessment order can remain valid for 90 days. If the person still hasn't been assessed within 90 days, the case must be dismissed.

Each county handles filing a little differently. Find your county's clerk, filing location and nearby detox programs on our Marchman Act by county page.

This guide is general information about Florida law, not legal advice. Laws and local procedures change; check with your county clerk or an attorney before filing.

Talk to someone today

Free, confidential help finding residential treatment or detox in Florida.

Call (866) 649-0814

Find treatment

Medical Detox in Florida Residential Addiction Treatment in Florida Browse by county

Find county filing details: Marchman Act by county.

What Happens After a Marchman Act Petition Is Filed