Adult Son Refuses Treatment? Learn Your Florida Court Order Options

Your Son Is Refusing Help, and You Are Running Out of Options

Yes, Florida law lets a court order an adult into assessment and treatment for substance use, even when he says no. That process is the Marchman Act. This page explains how a petition works, who can file one, and what your son’s rights are.

You may have already done everything you know how to do. You’ve paid for treatment, staged interventions and set firm boundaries. Your son still keeps getting worse.

Maybe a recent overdose, a relapse, a hospital stay or a disappearance pushed you to look for another way. Now you may be afraid. You fear he will overdose and die. You fear he will end up in jail or living on the street. You fear nothing will work.

Those fears are real, and they deserve plain answers. The sections below walk through the court route step by step.

What a Marchman Act Petition Asks a Court to Do

A Marchman Act petition asks a circuit court to order an adult into involuntary assessment and, if the legal test is met, into treatment for substance use. The judge makes that decision after a hearing.

The first part of the test asks whether there is good faith reason to believe your son is substance abuse impaired. It also asks whether he has lost the power of self-control with respect to substance use. Fla. Stat. § 397.675 sets out the full criteria.

The second part looks at judgment and harm. Or, without care, he is likely to neglect himself or refuse care in a way that poses a real and present threat of substantial harm, and it is not apparent that willing, able, and responsible family members or friends, or other services, could prevent that harm. The statute also says that mere refusal to get services does not, by itself, show lack of judgment. 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.” A petition needs more than a “no.”

If the real question is whether your adult child can handle personal decisions at all, guardianship is a separate court process. It is not the same as a Marchman Act petition.

Who Can File and What the Court Needs to See

Yes, a parent can file. Fla. Stat. § 397.68112

The petition must name your son and you, and state your relationship. It must also give specific facts showing why you believe he is impaired and has lost self-control. Fla. Stat. § 397.68141 A petition may include an assessment done within 30 days before filing. If he was never assessed or refused one, the petition must say so.

Facts that usually help include:

• Recent overdoses or emergency room visits
• Hospital and discharge records
• Dates he refused treatment
• Arrests or incidents tied to drug use
• Past treatment attempts and how they ended

Write these down now, with dates and details. Specific events give the petition something concrete to describe. General worry does not.

Two mistakes weaken a petition. Families describe the problem in vague terms, and they leave out dates.

How the Process Moves in Miami-Dade and South Florida

A petition is filed with the clerk of the court in the county where your son is located. The clerk may not charge a fee for filing it.

Here is the general sequence:

1. Filing. The petition goes to the clerk, and the court checks whether your son has a lawyer or should get one.
2. Hearing date. The court must schedule a hearing within 10 court working days unless a continuance is granted. Fla. Stat. § 397.68151
3. Notice. Your son receives a copy of the petition and the hearing notice, and a summons is issued.
4. Assessment. He cannot be ordered into treatment without a clinical assessment, unless he is present and expressly waives it. Fla. Stat. § 397.6957
5. Hearing. Testimony is taken under oath. The court hears relevant evidence, including family members who know his history.
6. Order. If the conditions are proved by clear and convincing evidence, the court may order treatment for up to 90 days. Fla. Stat. § 397.697

A Second District ruling on emergency orders makes this point. Exact timing depends on the facts of the case and the court’s calendar. Be ready to attend hearings and share what you know.

Your Son’s Rights and the Fears Families Bring to Us

Your son keeps important rights in this process. He has the right to a lawyer at every stage. He can give up that right only if he is present and the court finds the waiver is knowing, intelligent and voluntary. Fla. Stat. § 397.681

Fla. Stat. § 397.681 A respondent has the right to counsel at every stage of a judicial proceeding relating to a petition for his or her involuntary treatment for substance abuse impairment, though the respondent may waive that right if present and the court finds the waiver knowing, intelligent, and voluntary. A separate criminal charge follows its own process.

On homelessness, discharge planning matters. Fla. Stat. § 397.6977

On hope, the court makes the decision. No lawyer can promise how a case will end. A good petition presents the facts clearly and completely, so the judge has what the law requires.

Why Families Bring This Matter to Robinson Casey

Robinson Casey focuses exclusively on Marchman Act petitions and guardianship matters, serving families across South Florida and statewide. Our lawyers limit practice to these two areas, so the petition process stays the focus. Richard J. Casey III, Esq. is the lawyer responsible for this page.

Our team supports families by organizing evidence, explaining each stage of the process, and keeping you informed when your son’s situation changes. We cannot promise a result for any family.

Your first consultation is free, confidential and comes with no obligation to continue (Spanish: consulta inicial gratuita, confidencial y sin compromiso).

Frequently Asked Questions

Take the Next Step Toward a Legal Path to Treatment

If your son was just discharged, arrested, or disappeared after another overdose, the decision in front of you is about what to do next. You’ve carried this crisis for a long time. You don’t have to map out the court route alone. Call (561) 849-4700 or request a consultation to talk through your options.