Marchman Act Attorney for a Homeless Adult Son in Florida
If your adult son is sleeping on the street and using, you are probably scared for his life. Florida’s Marchman Act can let a court order assessment, stabilization and treatment for an adult who has lost control over substance use. This page explains how that works and what a parent can realistically expect.
Where You Are Right Now
You have likely tried treatment, interventions and firm boundaries already. Maybe an overdose, a hospital stay or an arrest made you see that the cycle may not end on its own. This page answers one question: can a Florida court order treatment for an adult who will not go voluntarily?
The answer can be yes, but the result depends on the facts of your son’s situation. The judge decides based on evidence presented at a hearing, not on a family’s hope or a parent’s account alone.
A court petition is a formal legal route. It is not a quick fix, and it does not promise that your son will change. It gives your family a way to ask a judge to act.
What the Marchman Act Is and Who It Covers
The Marchman Act is Florida’s court process for assessment, stabilization and treatment of an adult whose substance use has taken away self-control. The rules sit in Chapter 397 of the Florida Statutes.
Families often call this route involuntary commitment for addiction. A petition can be filed when a person reasonably appears to meet the criteria, was held under protective custody or an emergency admission within the previous 10 days, or was assessed by a qualified professional within 30 days (Fla. Stat. § 397.68111).
Can a Family Member Start a Marchman Act Case?
Yes. For an adult, Florida law lets a spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the impairment and of the adult’s prior course of assessment and treatment file the petition (Fla. Stat. § 397.68112). As a parent, you are a relative under that list.
The petition must name the adult and the petitioner and explain how they are related. It must give the reasons you believe your son is impaired and has lost self-control. It must also show either a risk of physical harm or judgment so impaired he cannot see his need for care (Fla. Stat. § 397.68141).
Where you file matters. The petition goes to the clerk in the county where the person is located, and the clerk may not charge a filing fee for it (Fla. Stat. § 397.681). A petition filed in the wrong county is a venue problem, and the remedy is transfer, not dismissal (J.P. v. J.N.).
Vague facts cause trouble. In D.H. v. K.J.R., the Second District held the trial court erred in entering an ex parte order when the petition did not establish a good faith reason to believe the statutory criteria were met (D.H. v. K.J.R.).
What a Court Looks for Before Ordering Treatment
A court may order involuntary treatment only when the conditions are proved by clear and convincing evidence (Fla. Stat. § 397.697).
Testimony is taken under oath (Fla. Stat. § 397.6957).
In most cases, the adult cannot be ordered into treatment without a clinical assessment. The adult must be present at the hearing unless the court finds he knowingly, intelligently, and voluntarily waives his right to be present, or finds that his presence is inconsistent with his best interests or likely to be injurious to self or others (Fla. Stat. § 397.6957). Your petition can include a report from a qualified professional who examined him within 30 days before filing.
Specific facts give the court something to test. Write down dates of overdoses, emergency room visits and treatment attempts. Note who saw each event and where it happened.
How the Process Works, Step by Step
The case moves in stages: petition, possible emergency order, a hearing on a short clock, and then a treatment order with a fixed length.
- Gather facts and records. Collect dates, provider names, hospital and police reports, and any recent assessment.
- File the petition. It goes to the clerk in the county where your son is physically located when filed (J.P. v. J.N.).
- Emergency orders, if needed. When emergency circumstances are asserted, the court may rely on the petition alone and enter an ex parte assessment and stabilization order (Fla. Stat. § 397.6818). A provider may hold the adult for no more than 72 hours of observation, unless the statute allows more time (Fla. Stat. § 397.6818).
- Hearing within 10 court working days. The court sets the hearing within that window unless a continuance is granted (Fla. Stat. § 397.68151). The adult has the right to counsel at every stage, but he may waive that right if he is present and the court finds the waiver is made knowingly, intelligently, and voluntarily (Fla. Stat. § 397.681).
- Treatment order. If the court finds the conditions proved, it may order treatment for up to 90 days (Fla. Stat. § 397.697). A renewal may be requested before that period ends (Fla. Stat. § 397.6975).
A lawyer can explain how these stages apply to a specific case.
What Robinson Casey Handles for Families
Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade and across South Florida.
The practice covers Marchman Act petitions for adult children. It also covers guardianship matters, including emergency temporary guardianship, plenary guardianship, limited guardianship and mental health guardianship, where the facts call for them.
Richard J. Casey III, Esq. is the responsible lawyer for this page. Our team, including support staff, helps keep records and filings organized.
The firm limits its practice to these matters. If another lawyer or firm may be a better fit for a matter, the consultation will say so.
The first consultation is free, confidential and without obligation to continue.
Common Questions Families Ask
Does my son have a right to a lawyer? Yes. Yes.
Can a court order treatment for an adult who refuses it? Florida law allows it when the conditions are proved by clear and convincing evidence (Fla. Stat. § 397.697).
How long does an order last? A treatment order can run for a period not to exceed 90 days, and a renewal may be requested before the end of the 90-day period (Fla. Stat. § 397.697).
Is there a filing fee for the petition? The clerk may not charge a fee for filing a petition under this section (Fla. Stat. § 397.681).
Can I file if your adult child lives in another county? Under Florida law, a petition for involuntary treatment for substance abuse impairment must be filed with the clerk of the court in the county where the person is located (Fla. Stat. § 397.681).
Will this get him into treatment quickly? Timing varies with the court’s calendar, and no particular result can be promised.
Take the Next Step With Robinson Casey
If your adult son is homeless and using, and each crisis ends without lasting change, a focused legal conversation is a sensible next step.
Bring your dates, records and questions. Contact Robinson Casey to schedule a consultation, or call (561) 849-4149.