Marchman Act Petition to Force an Adult Into Rehab, Florida

Watching an adult child get worse, after years of treatment, interventions and firm boundaries, wears a parent down. A Florida court can order an adult into assessment and treatment, but only through a Marchman Act petition, and only when the judge finds the statute’s criteria met. This page explains how that works for a parent.

Your adult child keeps getting worse, and you need a legal option

The Marchman Act is Florida’s law for asking a court to order assessment and treatment for an adult whose substance use impairs them. If you’re reading this after an overdose, a relapse, a hospital stay, an arrest or a disappearance, you may have run out of plans you can carry on your own. This page covers what the law says, who can file, what a petition must show, the steps that follow, and the limits you should know before you act.

This is general information about Florida law, not advice on your family’s case. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida and statewide.

What the Marchman Act is and who it is for

The Marchman Act is found in Chapter 397 of the Florida Statutes. It covers involuntary assessment and treatment for substance use impairment. Under the current text, a person may meet the criteria when there is a good faith reason to believe they are substance abuse impaired, or have a substance use disorder with a co-occurring mental health disorder, and because of that impairment or disorder they have lost the power of self-control and either need services but cannot appreciate that need, or without care are likely to neglect themselves in a way that poses a real and present threat of substantial harm, where it is not apparent that such harm may 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, or, unless admitted, are likely to inflict, physical harm on themselves or another. Fla. Stat. § 397.675 The impairment must also have taken away their power of self-control over substance use. Fla. Stat. § 397.675

The law also requires a second showing. Either the person needs services and, because of impairment, cannot understand that need or make a rational choice about it. Or, without care, the person is likely to neglect themselves in a way that poses a real and present threat of substantial harm. Fla. Stat. § 397.675 reads: “(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.” Harm must not be avoidable through willing, able family or friends or other services. A substantial likelihood of physical harm to self or others also meets this showing.

The orders the court can enter are for assessment, stabilization and treatment. The Florida Department of Children and Families explains respondent rights under the Marchman Act in a DCF Marchman Act rights document.

Can you force your adult child into rehab in Florida?

Yes, but only a court can order it, and only after a petition is filed and the judge makes the findings. A judge may order involuntary treatment for up to 90 days when the conditions are proven by clear and convincing evidence. Fla. Stat. § 397.697

You cannot order it yourself. Your adult child also has rights in the case. Under Fla. Stat. § 397.681, the person has the right to counsel at every stage, although the person may waive that right if present and the court finds the waiver is made knowingly, intelligently, and voluntarily. Under Fla. Stat. § 397.6957, the court hears all relevant evidence, including family members who know the person’s history.

The statute asks for facts, not fear. A judge needs to hear what happened, when, and why you believe the impairment is driving the risk. Under § 397.6957(2), Florida Statutes, the petitioner must prove the required facts by clear and convincing evidence.

Who can file and what the petition must show

A parent can file, because the statute lets any relative petition for an adult. Under Fla. Stat. § 397.68112, if the respondent is an adult, a petition 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. For more, read our guide on who can file a Marchman Act petition.

The petition goes to the clerk in the county where the person is located. The clerk’s filing fee is not addressed here. Under Fla. Stat. § 397.68112, the court may prohibit, or a law enforcement agency may waive, any service of process fees if a petitioner is determined to be indigent. In Miami-Dade, the Miami-Dade Clerk of Court directs these petitions to its Probate Court for adults.

The petition must name your child and you, and state your relationship. It must also give the facts: why you believe impairment is present, why it has taken away self-control, and the harm or impaired judgment behind the request. A report from a qualified professional who examined your child within 30 days may be attached. If there was no assessment or a refusal, the petition must say so. Fla. Stat. § 397.68141

Gather dated, specific incidents: the overdose, the hospital visit, the arrest, the missed work, the lost housing. Note who saw each event, and keep records of past treatment. Keep copies of everything, and do not delete or edit messages.

How the process unfolds, step by step

The process runs from petition to hearing to court order, and the statute sets most early deadlines. These are the main steps.

1. Review the facts. A consultation helps you sort records and build a timeline before filing.
2. File with the clerk. The petition goes to the county where your adult child is located.
3. Emergency orders, if needed. If an emergency exists, the court may rely on the petition alone and enter an ex parte order for assessment and stabilization. A provider may not hold the person longer than 72 hours of observation unless the court, after a hearing, grants additional time on the provider’s motion; the person shows signs of withdrawal or needs detoxification or treatment for a medical condition, until the issue is resolved but no later than the scheduled hearing date; or the observation period ends on a weekend or holiday, in which case the provider may hold the person until the next court working day (Fla. Stat. § 397.6818). Fla. Stat. § 397.6818
4. Hearing scheduled. The court sets a hearing within 10 court working days unless a continuance is granted. Your child receives a copy of the petition and notice. Fla. Stat. § 397.68151
5. Hearing and evidence. Witnesses testify under oath and may attend remotely and, as appropriate, testify by audio-video technology, but a witness who plans to attend and testify remotely must give the parties all relevant documents by the close of business on the day before the hearing. Your child must be present at the hearing unless the court finds he or she knowingly, intelligently, and voluntarily waives the right to be present or, after receiving proof of service and evaluating the circumstances of the case, that presence is inconsistent with his or her best interests or likely to be injurious to self or others. The court reviews the results of the qualified professional’s assessment. Fla. Stat. § 397.6957
6. Order and follow-up. If the court grants a petition to renew the involuntary treatment services order, it may order the respondent to receive involuntary treatment services for a period not to exceed an additional 90 days. A renewal petition must be filed before that period ends if the service provider believes the person still meets the criteria. It may be filed by the service provider, or by the person who filed the initial petition if it is accompanied by the service provider’s supporting documentation. Fla. Stat. § 397.6975

Your biggest fears, answered honestly

Your fears are reasonable. No court order can promise recovery. An order can require assessment, treatment and planning for what comes next.

• Overdose or death. A court order does not promise your child will stay safe. If your child is in immediate danger, call 911 first.
• Incarceration. The court may order a law enforcement officer or another designated agent of the court to take the person into custody and deliver him or her for evaluation to the nearest appropriate licensed service provider or a licensed service provider designated by the court. The orders it allows include an ex parte order for assessment and stabilization, and an order for a law enforcement officer or another designated agent of the court to take the person into custody and deliver him or her for evaluation. Fla. Stat. § 397.6818
• Homelessness. Discharge planning must address living arrangements, transportation, follow-up appointments, prescribed medications and recovery support. Raise your housing worries early. Fla. Stat. § 397.6977
• Losing hope. You have tried many things. A court route has its own limits and timeline, and knowing them helps you decide.

Questions parents ask before filing

Careful drafting matters.

Who may file a petition? Legal help can make sure the petition covers each required element.

The timing depends on the facts and the county.

Will my child know I filed? Yes. Your child must receive a copy of the petition and notice of the hearing.

Is the consultation free? The first consultation is free, confidential and carries no obligation to continue.

Richard J. Casey III, Esq. is the lawyer responsible for this page. This page is general information, not legal advice. It has not been approved by The Florida Bar.

Talk with Robinson Casey about your adult child’s situation

If your adult child keeps getting worse, you don’t have to decide the next step alone. A short conversation can sort out whether a Marchman Act petition fits your facts, which records to gather, and which county applies. Call (561) 849-4149 or request a consultation online.