Marchman Act Hearing in Florida: Can an Adult Refuse?

If a hearing notice has reached you about someone you love, you may wonder whether they can simply stay home. Under Florida’s Marchman Act, the adult named in the petition generally must attend, unless the court makes a specific finding that excuses them.

This page explains that rule, what the court looks for, and what families can do while the case moves forward.

Short Answer: Can an Adult Refuse to Attend?

No, an adult cannot refuse on their own say-so. The respondent, the adult named in the petition, must be present at the hearing unless the court excuses attendance.

First, the respondent can knowingly, intelligently, and voluntarily waive the right to be present, and the court must find that the waiver meets this standard. Second, after proof of service, the court can find that being present is inconsistent with the respondent’s best interests or is likely to be injurious to self or others.

A refusal also does not end the case. The court decides how to handle a hearing the respondent skips, and Section 5 explains the steps the statute allows.

Families often feel the weight of this moment. A hearing date, a worried phone call, and a loved one who won’t engage can all arrive at once. Knowing the rule helps you plan your next step.

How the Marchman Act Works in Florida

The Marchman Act is Florida’s court process for people who are severely impaired by substance abuse.

A petition starts the court case. For an adult, Fla. Stat. § 397.68112 lists who may file. That includes a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the substance abuse and the person’s prior treatment.

Fla. Stat. § 397.681 also says the clerk may not charge a fee to file it. The respondent has the right to counsel at every stage, but may waive that right only if present and the court finds the waiver was made knowingly, intelligently, and voluntarily. A respondent who desires counsel and cannot afford private counsel has the right to court-appointed counsel.

Richard J. Casey III, Esq., is the responsible lawyer for this page. Robinson Casey focuses on Marchman Act petitions and guardianship matters, serving families in Miami-Dade and across South Florida and statewide.

Does the Respondent Have to Attend the Hearing?

Yes.

At the hearing, the court must hear and review all relevant evidence. That includes testimony from family members who know the respondent’s history, and the results of the clinical assessment. The court may also order drug tests. Witnesses can testify remotely under oath by audio-video technology, but they must give the parties their documents by the close of business the day before (Fla. Stat. § 397.6957).

The respondent may still refuse to testify. Testimony is taken under oath, and the proceedings are recorded.

Here is one point families often miss. The statute says a mere refusal to receive substance abuse services does not, by itself, show a lack of judgment about needing them (Fla. Stat. § 397.675). Opposition alone does not settle the case.

What a Knowing, Intelligent, and Voluntary Waiver Means

A waiver counts only when the court finds the respondent made the choice with awareness and free will. Under Fla. Stat. § 397.6957, a respondent’s waiver of the right to be present must be made knowingly, intelligently, and voluntarily, and the court must find that it was. Fla. Stat. § 397.6957 reads: “(1)(a) The respondent must be present at a hearing on a petition for involuntary treatment services unless the court finds that he or she knowingly, intelligently, and voluntarily waives his or her right to be present or, upon receiving proof of service and evaluating the circumstances of the case, that his or her presence is inconsistent with his or her best interests or is likely to be injurious to self or others.”

The court makes this finding, not the family. Keep that gap in mind when you plan.

The respondent must be present at a hearing on a petition for involuntary treatment services unless the court finds that he or she knowingly, intelligently, and voluntarily waives his or her right to be present or, upon receiving proof of service and evaluating the circumstances of the case, that his or her presence is inconsistent with his or her best interests or is likely to be injurious to self or others.

What Happens After a Marchman Act Petition Is Filed

After filing, the court must schedule a hearing within 10 court working days, unless a continuance is granted (Fla. Stat. § 397.68151). Copies of the petition and the notice go to the respondent, the respondent’s parent or guardian if the respondent is a minor, the respondent’s attorney if known, the petitioner, the respondent’s spouse or guardian if applicable, and others the court directs.

Treatment also requires a clinical assessment. If the respondent was not assessed, the court issues an involuntary assessment and stabilization order when it appears the respondent qualifies.

If the respondent doesn’t appear, the court has tools. Ex parte assessment and stabilization orders are governed by Fla. Stat. § 397.6818, a separate provision from § 397.6957, which requires the respondent to be present at a hearing on a petition for involuntary treatment services unless the court makes the findings it lists. If the respondent’s location is known, the court must continue the case for no more than 10 court working days. It may also order law enforcement to take the respondent into custody for evaluation (Fla. Stat. § 397.6818).

So a missed hearing can lead to a new order.

How Long Does a Marchman Act Last, and Can It Be Dropped?

A court-ordered treatment period can last up to 90 days (Fla. Stat. § 397.697). The court may then order up to another 90 days (Fla. Stat. § 397.6975).

Early release is also possible. For example, a person may be discharged when they no longer meet the criteria for involuntary admission and give informed consent to voluntary treatment (Fla. Stat. § 397.6971).

Baker Act vs. Marchman Act: Which Process Applies to Addiction?

The Marchman Act centers on substance abuse impairment. Under Fla. Stat. § 397.675, the court looks at whether there is good faith reason to believe a person is substance abuse impaired.

Families often mix up the Baker Act and the Marchman Act. The Marchman Act’s criteria can also reach a substance use disorder that comes with a co-occurring mental health disorder. Which process fits is a question of the facts, and the court decides it.

Labels can confuse. Focus on what is happening with your loved one now. Write down the substance use, the risks, and the reasons you are worried. Those facts shape the case.

Building the Record: What to Document Now

The court hears all relevant evidence, including testimony from individuals such as family members who know the respondent’s history. It also reviews the assessment results (Fla. Stat. § 397.6957). A clear record helps you explain what you saw.

Start with these steps:

• Keep a dated log of events, such as an overdose, an emergency call, or a refusal of treatment.
• Save texts, emails, and voicemails as they are, with dates. Don’t edit them.
• Write down the names of anyone who saw the events.
• Keep any medical or emergency records you can lawfully access.

Know who carries the proof. The petitioner bears the burden of proof. In one Fifth District case, the appeals court reversed an order where the trial court called and examined the only witness while the petitioner was absent (J.C. v. State). A later Fifth District decision applied that rule again under the 2023 statute (C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare).

The Fourth District reached a different result and acknowledged a conflict (J.J.J. v. D.G.). Treat this as Fifth District law, not a statewide rule. In J.J.J. v. D.G., No. 4D2023-2185 (Fla. 4th DCA July 24, 2024), the opinion affirmed the decision and certified conflict with R.S., J.W., and C.W.R.K.

Safety Steps If Your Loved One Is at Immediate Risk

If someone is in immediate danger, including after an overdose, call 911 right away.

Florida law also allows emergency admission. Under Fla. Stat. § 397.679, a person who meets the involuntary admission criteria may be admitted for emergency assessment and stabilization. That requires a certificate from a listed professional that is specific to substance abuse impairment, plus an application for emergency admission.

A petition’s facts matter. In one Second District case, the court found an ex parte order was entered in error because the petition did not give a good faith reason to believe the statutory criteria were met (D.H. v. K.J.R.).

While things are moving, write down the immediate steps you took and the times they happened. A timeline keeps the facts clear for everyone.

Key Takeaways

• The respondent generally must attend unless the court finds a valid waiver or excuses attendance.
• A refusal to attend does not end the process. The court decides the next steps.
• Records and safety steps matter now, while the case is still developing.
• For the broader picture, read our page on involuntary commitment for addiction. For a related scenario about an adult who refuses care, see Marchman Act attorney refuses treatment after hospital.

Can an adult refuse to attend a Marchman Act hearing in Florida?

Generally no. The respondent must attend unless the court finds a valid waiver or excuses attendance.

Can a Marchman Act be dropped?

The court makes those decisions.

How long is a Marchman Act order?

A treatment order can run up to 90 days. A renewal can add up to another 90 days.

Not Sure What Your Next Step Is?

A hearing notice, a loved one who refuses to engage, and fear for their health can arrive all at once. You may feel you have no time to think.

If you’re the family member carrying this right now, you don’t have to work through it alone. Call Robinson Casey at (561) 849-4149, or request a free first consultation. The consultation is confidential and carries no obligation to continue.