What Happens When Your Loved One Needs More Time in Treatment?
A Marchman Act extension may be necessary when a court-ordered treatment period is ending but the person still needs continued treatment.
But what happens when those 90 days are almost over and your loved one still isn’t ready?
Perhaps they are making progress but need additional treatment. Maybe they continue to deny having a substance abuse problem. Or perhaps the family is concerned that returning home too soon could undo the progress already made.
Fortunately, Florida law allows a Marchman Act treatment order to be extended beyond the initial 90 days. However, extensions are not automatic, and families need to understand the legal requirements before the original order expires.
How Long Does a Marchman Act Order Last in Florida?
Under Florida Statute § 397.697, a court may order an individual to receive involuntary substance abuse treatment services for a period of up to 90 days when the legal requirements have been established by clear and convincing evidence.
The purpose of the Marchman Act is to provide a legal avenue for individuals who meet the statutory criteria for involuntary substance abuse services to receive treatment, even when they are unwilling or unable to seek that help voluntarily.
However, addiction recovery rarely follows a predictable timeline.
For some individuals, 90 days may provide sufficient time to stabilize, participate in treatment, and begin developing the skills necessary for continued recovery. Others may require a longer period of structured care.
Florida law recognizes that possibility.
Can a Marchman Act Order Be Extended?
Yes. Under Florida Statute § 397.6975, a court may extend an involuntary treatment order for up to an additional 90 days.
The extension must be requested through a petition filed with the court before the existing treatment order expires.
Importantly, an extension is not granted simply because a family believes additional treatment would be beneficial.
The individual must continue to meet the legal criteria for involuntary services under Florida law.
That distinction matters.
A loved one may still be struggling with addiction, but the court must determine whether the circumstances justify continued involuntary treatment.
Who Can Request an Extension of a Marchman Act Order?
Florida law permits a petition for renewal to be filed by:
- The treatment provider, when the provider believes the individual continues to meet the criteria for involuntary services.
- The original petitioner, provided the petition is accompanied by supporting documentation from the treatment provider.
For families, this means communication with the treatment facility is particularly important as the end of the original order approaches.
If you believe your loved one needs additional treatment, do not wait until the final days of the court order to raise those concerns.
Speak with the treatment provider about your loved one’s progress, ongoing needs, and whether the provider believes the legal requirements for continued involuntary treatment are satisfied.
When Must a Marchman Act Extension Be Filed?
Timing is one of the most important considerations when seeking an extension.
Under Florida Statute § 397.6975, the petition for renewal must be filed before the existing court-ordered treatment period expires.
Once the petition is filed, the court must promptly schedule a hearing within 10 court working days, with the hearing held no later than 15 days after the petition is filed.
The court must also provide the petition and notice of the hearing to the parties and their attorneys.
Because the law imposes specific deadlines, families should begin discussing the possibility of an extension well before the original 90-day period ends.
Waiting until the order is about to expire can create unnecessary legal complications.
What Does the Court Consider When Deciding Whether to Extend Treatment?
A Marchman Act extension requires more than a general concern that an individual might relapse.
The court must determine whether the individual continues to satisfy the statutory requirements for involuntary substance abuse services.
Depending on the circumstances, relevant evidence may include the individual’s current condition, ability to make informed decisions about treatment, risk of harm, and documentation provided by the treatment facility.
For example, an individual may have completed a substantial portion of treatment but still demonstrate an inability to appreciate the need for continued care.
In another situation, the treatment provider may conclude that the individual has improved sufficiently that continued involuntary services are no longer legally justified.
Each case is different.
The court must consider the evidence presented and determine whether another period of involuntary treatment is warranted.
Can a Marchman Act Be Extended More Than Once?
Yes.
Florida Statute § 397.6975 allows additional petitions for renewal when the conditions justifying involuntary treatment continue to exist after an extension.
For example, a court might initially order 90 days of treatment and subsequently grant another 90 days if the statutory requirements are met.
If the individual continues to meet those requirements near the end of the extended period, another petition may be filed.
Florida law does not establish a fixed number of permissible 90-day extensions under this provision.
However, each renewal requires a new legal determination. An individual cannot remain in involuntary treatment indefinitely simply because a family wants them to stay.
The legal grounds for involuntary services must continue to exist.
What Happens if the Person Improves Before the 90 Days Are Over?
A Marchman Act order authorizes involuntary treatment for a specified period, but it does not necessarily require the individual to remain in treatment for every day of that period.
Under Florida Statute § 397.6971, an individual may qualify for early discharge when the statutory conditions for continued involuntary services no longer exist.
For example, the individual may no longer meet the criteria for involuntary admission, may no longer present the qualifying risk of harm, or may no longer require treatment services.
A qualified professional’s determination that the individual qualifies for early release triggers the provider’s obligation to discharge the individual.
This is an important aspect of the Marchman Act.
Although the law provides families with a means of obtaining necessary treatment, it also protects individuals from remaining in involuntary care when the legal justification for that care no longer exists.
What if My Loved One Refuses Treatment After the Order Expires?
This is one of the most difficult concerns families face.
An individual may participate in treatment while subject to a court order but express an intention to leave as soon as that order ends.
Families may understandably worry about a return to substance use, particularly when previous attempts at voluntary treatment have been unsuccessful.
However, the Marchman Act does not authorize continued involuntary treatment solely because someone refuses voluntary care or because relapse is possible.
If the legal criteria for an extension are satisfied, a timely petition may provide an avenue for continued court-ordered treatment.
If those criteria are no longer met, other treatment options and recovery resources may need to be considered.
Understanding that distinction can help families make informed decisions before the existing order expires.
Why Legal Representation Matters in Marchman Act Extensions
Marchman Act proceedings involve more than completing paperwork and appearing in court.
They require an understanding of Florida’s involuntary substance abuse treatment laws, the evidence necessary to support continued treatment, and the procedural deadlines that govern the process.
For families seeking an extension, an attorney can help evaluate whether the statutory requirements are satisfied, coordinate the necessary documentation, and present the request to the court.
Legal representation can also be important when disagreements arise regarding whether continued involuntary treatment is appropriate.
The goal is not simply to keep someone in treatment longer. It is to ensure that the law is properly applied while addressing the individual’s treatment needs and protecting their legal rights.
Need Help Extending a Marchman Act Order in Florida?
Watching someone you love struggle with addiction can be overwhelming, especially when you believe they need additional help but are unwilling to seek it voluntarily.
The Marchman Act provides an important legal mechanism for obtaining involuntary substance abuse treatment when the statutory criteria are met. And when 90 days is not enough, Florida law provides a process for requesting additional time.
But the extension must be pursued before the existing order expires, and the court must find that continued involuntary treatment is legally justified.
At Rabideau Law, we help Florida families navigate Marchman Act proceedings, including petitions for involuntary treatment and requests for extensions.
If your loved one’s Marchman Act order is approaching its expiration date, understanding your legal options now can make an important difference.
Contact Rabideau Law to discuss your circumstances and the options available under Florida’s Marchman Act.
This article is provided for general informational purposes and does not constitute legal advice. Marchman Act proceedings depend on the specific facts of each case and applicable Florida law.
