Co-Occurring Conditions and Involuntary Treatment in Florida

A co-occurring situation means a person has a substance use problem and a mental health condition at the same time. Which one applies is for the court to decide.

What a Co-Occurring Mental Health and Addiction Situation Means

A co-occurring situation is one where substance use and a mental health condition exist together. Each problem can seem to cause the other, so the picture can feel tangled. A person may drink or use drugs to cope with anxiety or depression. Substance use may also make mental health symptoms worse.

Florida law recognizes this overlap. Under Fla. Stat. § 397.675, the criteria for involuntary admission include good faith reason to believe a person has a substance use disorder and a co-occurring mental health disorder.

The legal path depends on which condition a petition rests on and what the facts show. The court decides. For an overview, see our involuntary commitment for addiction page.

Two Florida Statutes: Chapter 397 and Chapter 394

Section 397.305, Florida Statutes, states that this chapter is designed to provide for substance abuse services. Section 394.453, Florida Statutes, states the Legislature’s intent that the Department of Children and Families evaluate, research, plan, and recommend programs designed to reduce the occurrence, severity, duration, and disabling aspects of mental, emotional, and behavioral disorders.

Section 394.455, the Chapter 394 definitions section, states that “mental illness” does not include intoxication or conditions manifested only by substance abuse. Each chapter has its own text, criteria, and procedures. Other requirements may apply under either one.

What the Marchman Act Addresses

Section 397.681, Florida Statutes, provides that the courts have jurisdiction of involuntary treatment petitions for substance abuse impaired persons. Under Fla. Stat. § 397.68111, a person may be the subject of a petition if the person reasonably appears to meet the involuntary admission criteria. Other conditions in that section also apply.

For an adult, Fla. Stat. § 397.68112 lists who may file. That includes a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment. Other requirements may apply, and the court decides.

Under Fla. Stat. § 397.697, if the court finds the conditions proved by clear and convincing evidence, it may order involuntary treatment for up to 90 days.

For how this route compares with guardianship, read our Marchman Act versus guardianship guide.

What the Baker Act Addresses and Where the Two Overlap

Section 394.463, Florida Statutes, provides that a person may be taken to a receiving facility for involuntary examination if there is reason to believe that the person has a mental illness and because of his or her mental illness meets the statute’s listed criteria; other requirements also apply. For county-level information, see the Mental Health (Baker Act) page from the Highlands County Clerk.

Substance use and mental health concerns can appear together. Because the mental illness definition excludes intoxication and substance-only conditions, the facts matter a great deal.

Each case turns on its own facts.

Information a Family May Want to Organize Before Speaking With a Lawyer

Start by writing down what you already know. Note the person’s substance use history, mental health concerns, and any prior treatment records you hold. Add incidents that worried you, with dates where you can.

These details are possibilities of what may matter. Under Fla. Stat. § 397.6957, the court hears all relevant evidence. That can include testimony from family members familiar with the person’s prior history, and the assessment results. Other requirements may apply.

Under Fla. Stat. § 397.68141, a petition must include the respondent’s name, the petitioner’s name, their relationship, and the factual allegations. Other required contents also apply under that section, and the court decides whether a petition meets the statute’s requirements. Under Fla. Stat. § 397.68141, it may be accompanied by a qualified professional’s report on an examination done within 30 days before filing.

Gathering this information does not establish the legal grounds for a filing or secure any result. The court decides.

Questions to Bring to a Consultation

Bring questions about your own facts. Ask which statute may fit, what the petition process involves, and how the court’s discretion applies in your case.

Which Florida statute might fit a co-occurring situation?

The answer depends on the facts, and the court decides which statute applies.

Who can file a Marchman Act petition?

For an adult, Florida law lists spouses, legal guardians, relatives, service providers, and certain adults with direct knowledge. Other requirements may apply.

Where is a Marchman Act petition filed?

It is filed with the clerk of the court in the county where the person is located. The clerk may not charge a fee for filing.

Does the person have a right to a lawyer?

Yes. Under Fla. Stat. § 397.681, a respondent has the right to counsel at every stage. The respondent may waive that right only if the court finds the waiver knowing, intelligent, and voluntary.

Talk Through Your Situation With Robinson Casey

If your family is dealing with a loved one’s substance use and mental health concerns, you can contact Robinson Casey to discuss your situation. Robinson Casey is a Florida law firm that focuses on Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq. is the responsible lawyer, and our team supports the practice.

Your first consultation is free, confidential, and carries no obligation to continue. Call (561) 849-4149 or use our contact page to talk through your situation.