Florida Marchman Act Options for Alcohol Withdrawal Refusal
Watching your adult child go through alcohol withdrawal is frightening. Then they refuse the hospital, and you’re left asking what you can legally do.
Here’s the short answer. If there’s a seizure or medical danger, call 911 now. If your child keeps refusing care, Florida’s Marchman Act lets a family member ask a court for an assessment and treatment order. Medical care and the court process can work together.
If a Seizure Is Happening Right Now, Call 911
If your adult child is having a seizure, is confused, or is in medical danger, call 911 now. Don’t wait for a court process. A court petition never replaces emergency care.
When you call, say that the person is in withdrawal. Describe what you saw, such as the seizure, the confusion, or the falls. Clear details help responders decide what to do.
Alcohol withdrawal is a medical problem, not only a behavior problem. The NIAAA guide to alcohol treatment says treatment should be individualized, not one fixed solution. The plan should fit your child’s medical needs.
Florida law also lets a law enforcement officer use protective custody when a minor or an adult who appears to meet the involuntary admission criteria is brought to the attention of law enforcement or is in a public place. Fla. Stat. § 397.677
A Refusal at the Hospital Does Not Close Every Door
A refusal at the hospital does not end your options. A no in one moment is a different question from whether a court process is available.
People in withdrawal often refuse care for reasons that have little to do with what they want long term. Fear, denial, intoxication, and confusion can all drive a refusal. If you’ve watched this happen more than once, you know how exhausting it is.
Florida law draws a line here that matters. A refusal alone is not, by itself, evidence that a person lacks judgment about their need for care. Fla. Stat. § 397.675 The court looks at the full set of criteria, not one refusal.
You may have been carrying this alone, from one emergency room visit to the next. That weight is real. A legal route exists, and it’s worth understanding before the next crisis.
What a Chapter 397 (Marchman Act) Petition Is
A Marchman Act petition asks a Florida court to order an assessment and, if the legal criteria are proved, treatment for an adult with substance use impairment.
For an adult, a petition 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 impairment and treatment history.
The petition goes to the clerk of the court in the county where the person is located. The clerk may not charge a fee to file it. Fla. Stat. § 397.681
Location matters. The petition must be filed with the clerk of the court in the county where the person is located, although in J.P. v. J.N. filing in the wrong county did not divest the circuit court in Putnam County of jurisdiction. As the court put it in J.P. v. J.N., filing the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction.
How a Petition and Emergency Medical Care Can Work Together
Emergency care treats the immediate danger. A petition can ask a court for assessment and stabilization when the situation is urgent.
When emergency circumstances exist, the court may rely on the petition alone and enter an ex parte order for assessment and stabilization. Fla. Stat. § 397.6818 A service provider may not hold the person for more than 72 hours of observation unless a listed exception applies.
In D.H. v. K.J.R., because the petition did not establish a good faith reason to believe D.H. met the statutory criteria for involuntary assessment and stabilization, the trial court erred in entering the ex parte order.
Imagine a couple, Dana and Luis. Their adult son is in withdrawal, refuses the hospital, and emergency responders take him for medical care. Dana and Luis then look at the court side with a lawyer. Their case rests on what they can show about his condition and his refusal, and the court decides on the evidence.
Whether a petition fits depends on the facts of your situation.
Adult Autonomy, Capacity, and What the Court Must Find
A court can order treatment only after it finds the statutory criteria proved. The law sets a high bar for that.
Read the opinion in J.C. v. State for the court’s reasoning. This section does not address whether a judge may call or question the assessing professional; it provides that the chief judge may appoint a general or special magistrate to preside over all or part of the proceedings. See J.C. v. State (Fla. 5th DCA 2020).
The law gives families a route. The court decides on evidence, not on a parent’s fear.
When Guardianship Becomes Part of the Picture
Guardianship is a separate court process for an adult who cannot make safe decisions for themselves. Emergency temporary guardianship is its fastest form.
A court may appoint an emergency temporary guardian only after a petition for determination of incapacity has been filed. The court must specifically find 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. Fla. Stat. § 744.3031
A Marchman Act petition focuses on substance use impairment. Guardianship focuses on incapacity. Which route fits your child’s situation is a question for a lawyer who reviews the facts.
What to Gather Before You Call Robinson Casey
Gathering dates, records, and treatment history before your call helps a lawyer understand your situation faster. Bring what you have:
- Dates and descriptions of seizures, emergency visits, and police contacts.
- Hospital or EMS records you already have.
- A summary of past treatment and detox, including what helped and what didn’t.
- Names of people who have seen your child’s condition firsthand.
- Any court papers or case numbers connected to your child.
The Florida Department of Health describes detoxification, treatment, and recovery support as options for families facing a loved one’s substance use.
Richard J. Casey III, Esq. is the responsible lawyer for this page. Robinson & Casey limits its practice to Marchman Act petitions and guardianship matters, serving Miami-Dade, South Florida and statewide.
Your first consultation is free, confidential, and carries no obligation to continue.
Frequently asked questions
Can a parent file a Marchman Act petition for an adult child? Yes. Fla. Stat. § 397.68112
Does my adult child get a lawyer? Yes. The respondent has a right to counsel, and a court can appoint one for someone who cannot afford a private lawyer. Fla. Stat. § 397.681
If your adult child is having withdrawal seizures and turning down the hospital, you don’t have to face the court process alone. Call (561) 849-4149 to talk through what a petition could mean for your family.