Marchman Act Attorney Florida: Adult Child Leaving Rehab
When Your Adult Child Keeps Leaving Treatment, What Can Florida Law Do?
Florida’s Marchman Act is a court process that can order assessment and treatment for an adult with a substance use problem who meets the legal criteria. It is one legal option when voluntary care keeps falling apart.
If your adult child keeps leaving rehab in Florida, you have probably been here before. Treatment starts, then ends early. Use returns, and a new crisis follows: an emergency room visit, a jail cell, or a night when you don’t know where they are.
You have likely paid for programs, tried interventions, and held firm on boundaries. Still, the fears keep growing: an overdose, a death, an arrest, homelessness, and the sense that nothing will work. This page explains how a Marchman Act petition works, who may file one, and where its limits are.
What a Marchman Act Petition Is and Who It Is For
A Marchman Act petition asks a Florida court to order assessment, stabilization, and treatment for an adult who meets the statute’s criteria. The court looks at whether there is 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 person must also meet one of the following. Their judgment is so impaired that they cannot appreciate their need for services or make a rational decision about them, though simply refusing services is not proof of this. Or, without care or treatment, they are likely to neglect or refuse to care for themselves in a way that poses a real and present threat of substantial harm, and it is not apparent that the harm can be avoided through the help of willing, able, and responsible family members or friends or other services. Or there is a substantial likelihood that they have inflicted, threatened, or attempted to inflict physical harm on themselves or someone else, or that they will do so unless admitted. Fla. Stat. § 397.675 sets out those criteria.
The petition tends to fit a situation where substance use is causing serious harm. The adult child may refuse care or be unable to stay in it. The family has usually tried other options first. A petition is a court case, not a treatment program. The judge decides based on the facts and the law.
What a Petition Covers and What to Gather Before You Call
A petition must name the adult child, name the person filing, and explain the relationship between them. It must also list the facts behind your concern. Fla. Stat. § 397.68141 requires these items, plus the name of the respondent’s attorney if known.
The facts must show why you believe your child is impaired and has lost self-control with respect to substance use. They must also show the risk of physical harm, or why the refusal of care comes from impaired judgment. If your child was not assessed before filing, the petition must say so.
Start gathering records now:
- Dates of past treatment episodes and discharge reports
- Hospital, emergency room, or overdose records
- Police or arrest reports, if any
- Statements from providers who have treated your child
- A written timeline of when treatment ended, when use returned, and each crisis
Some families also need guardianship. Florida treats guardianship as a separate proceeding with its own rules. For example, after a petition to determine incapacity is filed, an emergency temporary guardian can be appointed only after the court specifically finds that there appears to be imminent danger that the person’s physical or mental health or safety will be seriously impaired, or that the person’s property is in danger of being wasted, misappropriated, or lost, unless immediate action is taken. That authority lasts 90 days or until a guardian is appointed, whichever comes first, and it may be extended for an additional 90 days if the emergency conditions still exist. Fla. Stat. § 744.3031 sets out these terms, including that the authority ends 90 days after appointment or when a guardian is appointed, whichever comes first, unless extended.
How the Process Works, Step by Step
The process moves from a consultation to filing, then to assessment and a court hearing. Each step depends on the facts of your family’s case.
- Consultation. You review what has happened, where your child is now, and any immediate danger.
- Records and timeline. You gather the documents listed above and put the events in order.
- Filing in the right county. The petition goes to the clerk in the county where your child is physically located. In J.P. v. J.N., the Fifth District held that a wrong-county filing is a venue problem, not a loss of jurisdiction.
- Emergency orders, if needed. If an emergency exists, the court may enter an ex parte assessment and stabilization order based on the petition. A provider may not hold a person for more than 72 hours of observation unless a listed exception applies. Under Fla. Stat. § 397.6818, when emergency circumstances exist, a court may enter an ex parte order for involuntary assessment and stabilization without the appointment of an attorney, but that order must be executed while the hearing on the treatment petition is pending, and if it was not executed by the initial hearing date, it is deemed void.
- Hearing. The respondent generally must attend. The court hears testimony under oath, including from family members who know the person’s history. Under Fla. Stat. § 397.6957, 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 the right to be present, or that presence is inconsistent with his or her best interests or is likely to be injurious to self or others, and testimony at the hearing must be taken under oath and the proceedings must be recorded.
Timing depends on the facts and court schedules. No particular date can be promised.
What a Marchman Act Petition Cannot Do
A petition cannot cure addiction. It opens a legal route to assessment and treatment. Long-term recovery still takes work after any court order.
The court decides whether the statutory criteria are met. The petitioner carries the burden of proof. In J.C. v. State, the Fifth District reversed an order where the judge questioned the only witness while the petitioner was absent. That means you need facts and records ready, rather than hoping the court will build the case for you.
A court order for involuntary treatment through a publicly funded provider can last up to 90 days. It can be renewed. Fla. Stat. § 397.697 sets that limit.
Some families weigh guardianship or other options too. The right path depends on the facts, and a petition is one tool, not a single fix.
Why Families Work With Robinson Casey
Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida and statewide.
Our team includes support staff who help families organize records and keep track of key dates.
If your family is in crisis right now, Florida’s Department of Children and Families describes Florida Mobile Response Teams as providing 24/7 emergency behavioral-health crisis services. Florida DCF describes this program.
Your Questions About the Marchman Act, Answered
Can I file a Marchman Act petition for my adult child?
Yes. Florida law lets a relative of an adult respondent file.
Your adult child’s agreement is not always required
What if my child leaves treatment again?
In all cases where the court orders involuntary treatment services, the court keeps jurisdiction to monitor compliance with treatment. It can change the treatment approach if needed.
Does my adult child have a right to a lawyer?
Yes. A respondent has the right to counsel at every stage of the proceeding.
Is there a court filing fee?
Contact our office to learn what costs may apply to a Marchman Act petition.
Talk to a Lawyer About Your Adult Child’s Situation
If your adult child keeps leaving treatment, you don’t have to decide the next step alone. A lawyer can review the facts, explain the criteria, and map out the filing steps. Call Robinson Casey at (561) 849-4149 to schedule your first consultation.