Marchman Act Hearing: Adult Son Won’t Attend, Florida
If your adult son didn’t show up for his Marchman Act hearing, you may fear he is slipping further and that the whole process has collapsed. After an overdose, a relapse, or a hospital stay pushed you to look for another way, that fear makes sense.
A missed hearing does not automatically end the court’s process in Florida. Here is what happens next, what the law allows a judge to do, and what you can do now.
Your son missed the hearing: what that does and does not mean
A missed hearing does not, on its own, end the petition. The statute gives the court tools to keep the case moving.
This page discusses the Marchman Act in general terms. Its rules cover the situation where the person named in a petition does not come to court. Fla. Stat. § 397.6818 says that if the respondent does not appear for any reason, the court may issue or reissue an order valid for 90 days, but only when the court reasonably believes the respondent meets this chapter’s commitment criteria and that a substance abuse emergency exists.
Service matters a great deal. Fla. Stat. § 397.6818 lets the court order a law enforcement officer or another designated agent to serve the respondent with the notice of hearing and a copy of the petition. Whether your adult child was served is one of the first questions to raise.
Your son also has the right to a lawyer at every stage of the case. The court can appoint one for him. Fla. Stat. § 397.681
It can feel like you’re back at the beginning after months of trying. That feeling is understandable. A missed date is not the same as a closed case.
What the Marchman Act hearing is meant to decide
The hearing decides whether the judge finds the legal criteria for involuntary treatment met, based on the evidence.
The criteria appear in Fla. Stat. § 397.675. A person may meet them if there is a good faith reason to believe he is substance abuse impaired and has lost the power of self-control about substance use. He must also either need services and be unable to make a rational decision about them, or be likely to neglect himself in a way that poses a real and present threat of substantial harm, and it must not be apparent that the harm can be avoided through willing, able, and responsible family members or friends or other services; or there is a substantial likelihood that he has inflicted, threatened, or attempted physical harm on himself or others. 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.”
Who may file is set out in Fla. Stat. § 397.68112. For an adult, the list includes any relative, a service provider, and an adult with direct personal knowledge of the impairment. A parent is a relative, so a parent can file.
The judge may also order drug tests. Fla. Stat. § 397.697
What a court may do when the respondent does not appear
It may also order an officer to take him into custody for evaluation. Fla. Stat. § 397.6818
If an ex parte order is not carried out by the first hearing date, the statute says it is void. A person who remains unassessed after 90 days must lead to dismissal of the case. Fla. Stat. § 397.6957
How they apply turns on the facts of your case, the service record, and the court’s own calendar.
Many parents fear a missed hearing means jail. The statute says people served who are not accused of a crime may not be held in jails, detention centers, or training schools. The exception is protective custody under chapter 397. Fla. Stat. § 397.501
For a closer look at this situation, read our guide to a Marchman Act hearing when the person does not attend.
Can a parent file if your adult child lives with you?
Yes, a parent can file when the adult child lives in the same home. Under Fla. Stat. § 397.68112, a petition for involuntary treatment of an adult may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s condition.
Where the petition is filed also matters. It goes to the clerk of the court in the county where the person is located, and the clerk may not charge a filing fee. Fla. Stat. § 397.681 A petition must be filed with the clerk of the court in the county where the person is located. The case belongs where the person is physically located when the petition is filed.
If you share a home with your son, safety planning comes first. Think through who is in the house, where medications and cash are kept, and who will call for help in a crisis. These steps matter whatever the court decides.
Our guide for parents in this situation covers these steps in more detail: adult child living at home in Florida.
Can you force someone into treatment in Florida?
A Marchman Act treatment order comes from a judge after a hearing, not from a family’s decision.
When the court finds that the conditions for involuntary treatment have been proved by clear and convincing evidence, it may order treatment from a publicly funded licensed provider for up to 90 days. It may also order treatment from a privately funded provider. That happens if the person can pay, or if someone acting on his behalf shows willingness and ability to pay. Fla. Stat. § 397.697
After an order, the court keeps jurisdiction. It can monitor compliance, change the treatment approach, and start contempt proceedings for violating a valid order. Fla. Stat. § 397.697
Treatment does not follow a fixed path. A person may be discharged early when the statute’s conditions are met. One example is when he no longer meets the criteria and agrees to voluntary treatment. Fla. Stat. § 397.6971
You want a legal path into assessment and treatment, with people who understand addiction. The petition aims at that path. It cannot promise how any case will end.
What a judge looks for at this stage
A judge looks for facts that show impairment, loss of self-control, and a real risk of harm or refusal of needed care.
The petition itself must state those facts. It must give the reason the petitioner believes the person is impaired. Fla. Stat. § 397.68141
Your own observations can matter. Records of overdoses, hospital visits, and refusals of care can support those facts.
A weak petition can fail. In D.H. v. K.J.R., the Second District held that the trial court erred in entering an ex parte order. The petition did not give a good faith reason to believe the statutory criteria were met.
In J.C. v. State, the court failed to follow the applicable statute by essentially functioning as the absent petitioner. The Fourth District has since reached a different result and certified a conflict. Ask how the rule applies where your case is filed.
Safety steps for the next 24 hours
If your son may be overdosing or is in immediate danger, call 911 first.
Keep medications, alcohol, and cash out of easy reach. Tell anyone else in the home what to do in a crisis. Plan that now, before the next emergency.
Write down the timeline while it’s fresh. List overdoses, hospital visits, arrests, missed calls, and what he said. Note the court date, the case number, and any papers served, and who served them. Bring that list to your consultation so the facts are clear.
Keep all court papers in one folder. A complete record helps you and your lawyer track what happens next.
Treatment options a court may consider
A court-ordered plan can include assessment, stabilization, and treatment through a licensed provider.
For involuntary outpatient treatment, the person must receive an assessment from a qualified professional or licensed physician expressly recommending outpatient services, unless exceptions apply. The assessment must include a recommendation on the level of substance abuse treatment he requires. Fla. Stat. § 397.6957
A provider may hold a person for observation for no more than 72 hours, unless it petitions the court in writing for more time and, after a hearing, the court grants that request. Fla. Stat. § 397.6957 reads: “The respondent’s assessment by a qualified professional must occur within 72 hours after his or her arrival at a licensed service provider unless the respondent shows signs of withdrawal or a need to be either detoxified or treated for a medical condition, which shall extend the amount of time the respondent may be held for observation until such issue is resolved but no later than the scheduled hearing date, absent a court-approved extension.” Exceptions apply, such as withdrawal or a need for medical treatment. Fla. Stat. § 397.6818
Talking with your son about the process can be hard. Our guide on talking with an adult child about court-ordered treatment covers that conversation.
Frequently asked questions
How long does a Marchman Act treatment order last?
A court may order involuntary treatment for up to 90 days. It may request a renewal before that period ends. Fla. Stat. § 397.697
Can the hearing be rescheduled if my adult son does not attend?
Does a parent have to attend the hearing?
The court hears family members and other relevant evidence, and witnesses may testify remotely under oath by audio-video technology. Fla. Stat. § 397.6957
Does my adult son have a right to a lawyer?
Yes. He has the right to counsel at every stage, and the court can appoint one. He may waive counsel only if he is present and the court finds the waiver knowing, intelligent, and voluntary, and the court must appoint counsel if it believes he needs or desires it. Fla. Stat. § 397.681
Talk with Robinson Casey about your son’s hearing
If your adult son missed his hearing, you don’t have to sort out the next steps alone. Robinson & Casey limits its practice to Marchman Act and guardianship matters for families across South Florida and statewide.
This page is the responsibility of Richard J. Casey III, Esq. If you’re trying to carry this alone, call (561) 849-4149 or request a free first consultation at robinsoncasey.com/contact. The consultation is confidential and carries no obligation to continue.