Attorney for Forced Addiction Treatment in Florida

Watching someone you love refuse help while their substance use gets worse is frightening. You may be looking for an attorney for forced addiction treatment in Florida because you need to know whether the law can step in.

Florida lets a family ask a court to order assessment and treatment for an adult with a substance use problem. The request is a Marchman Act petition, and the court acts only when the legal criteria are met.

What Florida Law Means by Forced Addiction Treatment

Florida calls this involuntary treatment, and a judge makes the decision, not the family.

The Marchman Act lets a court order involuntary admission when there is a good-faith reason to believe a person is substance abuse impaired. The person may also have a substance use disorder with a co-occurring mental health disorder. The impairment must have taken away the person’s self-control over substance use. Fla. Stat. § 397.675 also requires one more showing. The person must need services and be unable to see that need, or be likely to neglect themselves in a way that poses a real and present threat of substantial harm that is not apparently avoidable through the help of willing, able, and responsible family members or friends or other services, or there must be a substantial likelihood that the person has inflicted, threatened, or attempted physical harm on themselves or another, or is likely to inflict it unless admitted.

Refusing help alone is not enough. The statute says mere refusal does not show a lack of judgment, so a petition needs real facts.

Voluntary treatment works differently. A person can agree to enter treatment on their own.

Don’t confuse this with the Baker Act. It covers mental-health examination and has its own process, explained in the Florida State Courts Baker Act benchguide.

Who Can File, and What the Petition Must Show

For an adult, a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge can file. Under Fla. Stat. § 397.68112, the last group must have first-hand knowledge of the person’s impairment and prior assessment and treatment. Your relationship to your loved one and what you have seen both matter.

The petition has required parts. Fla. Stat. § 397.68141 says it must name the person and the petitioner, state their relationship, and name the person’s attorney if known. It must also explain why you believe the person is impaired, why that impairment took away self-control, and why harm is likely or refusal reflects impaired judgment.

A petition may include a report from a qualified professional who examined the person within 30 days before filing. If there was no assessment, or the person refused one, the petition must say so.

Strong petitions use dates, specific incidents, prior treatment attempts, and efforts to get help. Thin petitions can fail. In D.H. v. K.J.R., the petition did not establish a good faith reason to believe D.H. met the statutory criteria for involuntary assessment and stabilization, and the trial court erred in entering the ex parte order.

How the Marchman Act Process Works Step by Step

The process moves from a filed petition, to a hearing, to a court decision at the end of the hearing to either dismiss the petition or order involuntary treatment services from the respondent’s chosen licensed provider if possible and appropriate.

Step 1: Gather the facts

List dates, incidents, treatment history, and the people who saw what happened. Clear facts make your first conversation more useful.

Step 2: File in the right county

The petition goes to the clerk of the court in the county where the person is located, under Fla. Stat. § 397.681. However, in J.P. v. J.N., the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction. The circuit court in Putnam County kept jurisdiction even though the petition was filed in the wrong county, according to J.P. v. J.N..

Step 3: Notice and the first hearing

The court must schedule a hearing within 10 court working days unless a continuance is granted. Copies of the petition and notice go to the person and others the statute lists. Fla. Stat. § 397.68151

Fla. Stat. § 397.6818 A provider may not hold the person for more than 72 hours of observation, except in situations the statute lists.

Step 4: Assessment and testimony

Fla. Stat. § 397.6957 Testimony is under oath and recorded. The person may refuse to testify.

In J.C. v. State, the court failed to follow the applicable statute by essentially functioning as the absent petitioner. J.C. v. State (5th DCA 2020)

Step 5: The court order

If the court finds the conditions proved by clear and convincing evidence, it may order the respondent to receive involuntary treatment services from his or her chosen licensed service provider if possible and appropriate, and any treatment order must include findings regarding the respondent’s need for treatment and the appropriateness of other less restrictive alternatives. Renewal is possible before that period ends. Timing depends on the court calendar and the facts of the case.

What the Legal Services Cover

Our attorneys focus on the matters below, from the first petition through the hearing and any guardianship that follows.

• Marchman Act petitions: fact review, petition drafting, and filing with the clerk.
• Marchman Act hearings: representation at the hearing, including the assessment and testimony issues described above.
• Involuntary commitment for addiction: explaining the court-ordered route and how it compares with voluntary treatment.
• When the court specifically finds that there appears to be imminent danger that a person’s health or safety will be seriously impaired, or that their property is in danger of being wasted, misappropriated, or lost unless immediate action is taken, the court may appoint an emergency temporary guardian after a petition for determination of incapacity is filed. The court must appoint counsel for the person and give 24 hours’ notice of the hearing, unless substantial harm would result. The authority lasts 90 days or until a guardian is appointed, whichever occurs first, and can be extended for an additional 90 days upon a showing that emergency conditions still exist. Fla. Stat. § 744.3031
• Guardianship: plenary, limited, and mental health guardianship, including matters that arise alongside addiction cases.

Fees for further work are discussed after the first consultation.

Why Families Work with Robinson Casey

Robinson Casey limits practice to Marchman Act petitions and guardianship matters.

If you’re looking for an attorney for forced addiction treatment in Florida, this narrow focus keeps the work on the matters described above.

• Responsible lawyer: Richard J. Casey III, Esq. is responsible for this page.
• Support staff: Our team includes assistants and office staff who support the work on these matters.

Common Questions Families Ask

The Marchman Act is Florida’s court process for assessment and treatment of a person with a substance use problem.

Your Next Step with Robinson Casey

Seeing someone you love slip while they refuse help is exhausting. You may not be ready to hire anyone yet, and you can start by talking through the facts. Call (561) 849-4149 or send a message through our contact form to begin that conversation.