Helping Families Seek Involuntary Treatment for a Young Adult's Addiction

Florida law lets a parent ask a court for help with an adult child’s addiction. The Marchman Act allows a petition asking a judge to review the adult’s substance use and order assessment and treatment. This page explains who can file, what the court looks for, and what happens after filing. Robinson Casey focuses its practice on Marchman Act and guardianship matters for families in South Florida and statewide.

Yes, a Parent Can Ask a Florida Court for Help With an Adult Child

Yes. Under Florida law, if the respondent is an adult, a petition for involuntary treatment services may be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment (Fla. Stat. § 397.68112).

You’ve likely spent years paying for programs, trying interventions and holding firm boundaries. A recent overdose, relapse or hospital stay may have shown you those steps aren’t enough. Under filing rules in § 397.681, the petition goes to the clerk of court in the county where your son is located. The who-may-file rule in § 397.68112 lets any relative file for an adult.

What the Marchman Act Covers for a 19-Year-Old Using Drugs

Florida’s test asks whether an adult has lost self-control over substance use and can’t make a sound decision about getting help. The involuntary admission criteria in § 397.675 require a good faith reason to believe the person is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder, and because of that has lost the power of self-control over substance use. The statute then asks whether the person needs services and can’t appreciate that need, or is likely to neglect themselves in a way that poses a real and present threat of substantial harm that cannot be avoided through willing, able, and responsible family members or friends or other services. It also applies where there is a substantial likelihood the person has inflicted, or threatened or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on themselves or another.

One point surprises many parents. Simply refusing treatment is not, by itself, evidence of lack of judgment. Your case needs facts beyond “he won’t go.”

Facts families bring include overdoses, hospital visits, missed work or school, disappearances and arrests tied to use. Under hearing rules in § 397.6957, the court hears family members who know your son’s history and reviews the assessment results.

What a Marchman Act Petition Cannot Do

A petition can bring your son before a judge. It cannot cure addiction or promise how treatment will go. Recovery depends on the person, the program and the steps that come after treatment.

• It does not rest on one bad night. The judge hears evidence at a hearing, and the petitioner carries the burden of proof.
• You don’t control the timeline after filing. The court sets the schedule and decides what happens next.

The burden point matters. In J.C. v. State, Florida’s Fifth District Court of Appeal stated that the court failed to follow the applicable statute by essentially functioning as the absent petitioner. Expect to bring specific, dated facts, not just general worry.

How the Process Works, Step by Step

Most cases follow the same sequence: consultation, records, filing, an emergency order if needed, a hearing and a court order.

1. Consultation. You describe the overdoses, relapses, incidents and past treatment. The attorney explains whether a petition fits those facts.
2. Records. You gather dates, hospital or police reports, treatment history and a written timeline. A petition may include an assessment done within 30 days. If there was none, the petition must say so, under petition contents rules.
3. Filing. The petition goes to the clerk of court in the county where your son is located, under filing rules. The clerk may not charge a filing fee, under filing rules.
4. A provider may hold him no more than 72 hours of observation unless an exception applies, under emergency order rules.
5. Hearing. If the respondent does not appear at the hearing for any reason, and the court reasonably believes the respondent meets the commitment criteria and that a substance abuse emergency exists, and the respondent’s location is known, the court must continue the case for no more than 10 court working days. Your son must receive notice, under hearing schedule rules.
6. Renewal may be requested before that period ends if the conditions justifying treatment are expected to exist after 90 days, under court order rules.

What Robinson Casey Handles for Families in South Florida and Statewide

Robinson Casey limits its practice to Marchman Act and guardianship matters. The work covers the following:

• Marchman Act petitions for adult children, including preparation, filing and hearing representation in Florida courts.
• Involuntary commitment for addiction matters arising from a Marchman Act petition.
• Guardianship matters where the concern is decisions or affairs: emergency temporary guardianship, plenary guardianship, limited guardianship and mental health guardianship.

The firm serves families across South Florida and statewide.

Why Families Bring Their Case to Robinson Casey

Robinson Casey limits its practice to these matters, so the firm’s work centers on Marchman Act and guardianship proceedings. Richard J. Casey III, Esq. is the responsible attorney for this page. The firm’s lawyers and our team of support staff handle the paperwork, scheduling and court steps that make these cases hard to manage alone.

Our team keeps records and deadlines organized, so you can focus on the decisions in front of you. The first consultation is free, confidential and comes with no obligation to continue. In that meeting, we review your son’s history in detail and discuss whether a petition fits your family’s facts.

Common Questions Parents Ask About a Marchman Act Petition for an Adult Child

Talk Through Your Son’s Situation With Robinson Casey

If your son has overdosed, come home from a hospital stay, or stopped answering your calls, you may be deciding whether a court can help. You don’t have to weigh that alone. Call Robinson Casey at (561) 849-4700 or contact the firm online to review his timeline and whether a Marchman Act petition fits your family’s facts.