Guidance for Families Facing a Marchman Act Petition

Your adult child came home with no treatment plan: what that means now

A hospital discharge with no treatment plan does not, by itself, put your adult child into treatment. Florida has a court-based route for some adults in this situation, and whether it fits depends on the facts.

You have spent years paying for treatment, trying interventions, and holding boundaries. Now your child is home again, and you’re left to manage the next crisis alone. The fears are heavy: another overdose, jail, living on the street, and losing hope that anything will work.

A discharge paper is not a court order. The Marchman Act is the part of Chapter 397, Florida Statutes, that lets a judge order assessment and treatment for an adult whose substance use impairs them. The Florida Department of Children and Families explains that the Act covers both voluntary admission and involuntary assessment, stabilization and treatment.

What the Marchman Act is and who can file a petition

A parent can file a Marchman Act petition for an adult child. For an adult respondent, § 397.68112 allows a petition from a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment.

The petition must name your child as the respondent and state your relationship to her. It must also give facts. § 397.68141 requires you to explain why you believe she is impaired, why you believe she has lost self-control with substance use, and either that she has harmed or is likely to harm herself or others, or that her refusal of care rests on impaired judgment.

Voluntary means your child agrees to go. Involuntary means a judge decides. The statute says that mere refusal of services is not, by itself, evidence of lacking judgment § 397.675. Under Fla. Stat. § 397.675, there must be 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, the person must have lost the power of self-control with respect to substance abuse, and must also either be in need of substance abuse services with judgment so impaired that they cannot appreciate that need or make a rational decision about it, or, without care or treatment, be likely to suffer from neglect or refuse to care for themselves in a way that poses a real and present threat of substantial harm (when family, friends or other services cannot apparently prevent that harm), or be substantially likely to have inflicted, threatened or attempted, or to inflict, physical harm on themselves or another. For the wider framework, see our involuntary commitment guide.

How a Marchman Act case moves, step by step

A case moves from a filed petition to a hearing. A judge may then order treatment if the statute’s criteria are met, based on a good faith reason to believe the person is substance abuse impaired and the other listed conditions.

1. Consultation. We review the discharge papers, your child’s history, and what you want the court to address.
2. Filing. The petition goes to the clerk of the court in the county where your child is located when it is filed. The clerk may not charge a filing fee (§ 397.681). A wrong county is a venue problem, not a loss of jurisdiction (J.P. v. J.N.).
3. Hearing date. The court must schedule a hearing within 10 court working days, unless a continuance is granted (§ 397.68151).
4. Assessment. Your child generally cannot be ordered into treatment without a clinical assessment (§ 397.6957).
5. Hearing and order. Testimony is under oath. The court may order treatment for up to 90 days if the conditions are proved by clear and convincing evidence (§ 397.697).

In an emergency, a judge can enter an ex parte order without appointing an attorney. A provider may hold your child for no more than 72 hours of observation unless an exception applies (§ 397.6818). A court erred in one case where it did not (D.H. v. K.J.R.).

What to gather before your first call

You’ll make the strongest start by bringing dates, documents, and a clear timeline. Keep what you saw yourself apart from what others told you.

• Hospital discharge papers and any admission notes you received.
• Dates and details of each overdose, relapse, arrest, or disappearance.
• Prior treatment: provider names, dates, and why each attempt ended.
• A short timeline of the last six to twelve months.
• Copies of messages with the hospital, providers, or police.

Keeping firsthand facts separate from secondhand reports makes a petition easier to test. Court records also stay private. Petitions and court orders are confidential and exempt from public records disclosure, but the clerk may disclose them on request to listed persons, such as the petitioner and the respondent, and the clerk cannot publish personal identifying information (§ 397.6760).

Your biggest fears, answered honestly

A Marchman Act petition brings your child before a court. No lawyer can promise she will stay safe or that treatment will work.

Overdose or death

A court order for involuntary treatment can run up to 90 days, and renewal may be requested before it ends. That limit is a time frame, not a cure. Treatment still depends on your child’s participation and her health.

Jail

The Marchman Act is a civil treatment process. Individuals receiving substance abuse services who are not accused of a crime or delinquent act may not be detained or incarcerated in jails, detention centers, or training schools of the state, except for protective custody under the chapter (§ 397.501).

Homelessness

The Act is a court process for assessment and treatment. It is not a housing program, and it does not create a place to live.

Losing hope

You have tried many things, and that effort counts. The consultation is where we look at whether this legal option fits your child’s facts. You decide what happens next.

Why families bring these cases to Robinson Casey

Robinson Casey is a Florida law firm that limits its practice to Marchman Act petitions and guardianship matters. The firm serves families in Miami-Dade, across South Florida, and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.

Our team helps organize your documents and keeps you informed at each stage. Procedure matters here. Fifth District decisions say a judge may not call and question the professional to build a petitioner’s case when the petitioner is absent (J.C. v. State; C.W.R.K.). The Fourth District certified conflict on that point (J.J.J. v. D.G.).

Some related questions, such as custody of a child, may need a different lawyer or firm. We would tell you that early.

Common questions from parents in this situation

The Marchman Act process is about assessment and treatment.

Talk with a Marchman Act lawyer about your child’s next step

A consultation can show whether a Marchman Act petition fits the facts of your child’s case. If you’re trying to get your adult child into treatment after a hospital discharge, you don’t have to sort out the court process alone. To speak with our office, dial (561) 849-4700, or request a consultation through our contact page. The first consultation is free, confidential, and carries no obligation to continue.