What Happens After You File a Marchman Act Petition

1. Court review

After your petition is filed, the court will first determine whether an emergency situation exists. If the court finds that an emergency exists based on the facts contained in your petition, it may enter an Ex Parte Order. An Ex Parte Order is issued based solely on the information contained in the petition and does not require a hearing.

If an Ex Parte Order is granted, law enforcement will be directed to locate your loved one and transport them to the court-designated receiving facility for assessment and stabilization. It is important that you know your loved one’s exact location, and that they are likely to remain at the facility for a period after the petition is filed.

Each judicial circuit in Florida has one or more designated receiving facilities where assessment and stabilization services are provided. Your loved one will remain at the facility only as long as reasonably necessary to complete any required medical stabilization, detoxification, and clinical assessment.

2. After your loved one is taken to a facility

If the court has entered an Ex Parte Order and your loved one has been transported to a receiving facility, you should contact the facility as soon as possible. The name of the facility is typically listed in the court order. If you are present when law enforcement arrives, you may also ask where your loved one is being transported.

Although the facility may not confirm that your loved one is there, due to federal and state privacy laws, you should ask to speak with an assessor or other clinical staff member. Provide as much information as possible regarding your loved one’s substance use history, mental health history, medical conditions, medications, recent behaviours, and anything else that may assist in the assessment.

You should also give the facility a copy of the petition. It contains information that may assist clinicians during the assessment. If we represent you, your copy is in your client portal and we will make sure you have it.

3. The court hearing

Whether or not an Ex Parte Order is entered, the court will schedule a hearing. At that hearing the judge determines whether the legal criteria for involuntary treatment services under the Marchman Act have been established. Timing varies by county, and where a petition alleges an emergency a court may act sooner.

In most Florida counties, petitioners and witnesses may appear by Zoom. It is uncommon for the court to require a petitioner’s physical appearance.

4. Treatment

Florida has hundreds of licensed private treatment providers, as well as publicly funded county providers. If the court orders treatment, the respondent may participate in selecting an appropriate licensed treatment provider whenever possible.

Many respondents have not selected a provider before the hearing. Petitioners are not legally required to locate or pay for treatment. However, many families choose to make arrangements with a private provider beforehand. If the respondent agrees and the provider is appropriate and available, the court may approve that placement. If no suitable provider has been arranged, the court may direct placement through the county’s designated treatment system.