Seeking Court-Ordered Treatment for Cocaine Addiction in Florida?

A Florida court can order an adult into involuntary treatment for substance abuse impairment, but only when the statute’s criteria are met and the court decides the petition should move forward. Cocaine use may be part of the facts a court reviews under Florida’s Marchman Act.

Robinson & Casey limits its practice to Marchman Act petitions and guardianship matters. This page explains how an involuntary treatment cocaine addiction attorney in Florida approaches these petitions, step by step, so you can understand the process before you decide what to do next.

Can a Florida court order an adult into treatment for cocaine use?

A Florida court can order involuntary treatment for an adult, but only after the petition and evidence meet the statute’s criteria. The court decides each case on its own facts.

The courts have jurisdiction over these petitions under § 397.681. The statute also gives an adult respondent the right to counsel at every stage.

The criteria appear in § 397.675. A person may meet them if there is good faith reason to believe the person is substance abuse impaired. The person must also have lost the power of self-control with respect to substance use. Other requirements may apply, and the court decides.

Mental and substance use disorders can occur together, according to MedlinePlus. A petition may describe both concerns when the facts support them.

How do I get someone involuntarily committed in Florida?

You start by filing a petition with the clerk of the court in the county where the person is located. § 397.681 requires filing there and says the clerk may not charge a filing fee for it.

For an adult, § 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 person’s impairment and prior treatment. Other requirements may apply, and the court decides whether the petition proceeds.

§ 397.68141 says the petition must name the respondent and the petitioner. It must state their relationship and the respondent’s attorney if known. It must also give the facts behind the belief that the person is impaired and has lost self-control.

Location matters.

What does court-ordered treatment for cocaine involve?

Court-ordered treatment is set by the court’s order and the licensed provider. No single program applies to every case.

Under § 397.697, when the court finds the conditions proved by clear and convincing evidence, it may order involuntary treatment for a period not to exceed 90 days. The provider may be publicly funded, or privately funded if the respondent can pay.

Before treatment, the court may order an assessment. § 397.6957 describes assessment orders that are valid for 90 days.

A renewal is possible. § 397.6975 allows the court to order an additional period not to exceed 90 days if a renewal petition is granted. Early release is also possible under § 397.6971.

What to expect: the Marchman Act process step by step

The process moves from a petition to a hearing, and then to any order the court may issue.

1. Consultation. The firm offers a free first consultation that is confidential and carries no obligation to continue. We review the facts and any documents you have.
2. Filing. The petition goes to the clerk of the court where the person is located. Under § 397.68151, the court must immediately decide whether the person has an attorney or whether appointing one is appropriate.
3. Possible emergency order. Under § 397.6818, when emergency circumstances exist, the court may enter an order based on the petition. The statute says a provider may not hold a person longer than 72 hours of observation, unless a listed exception applies.
4. Hearing. Actual timing depends on the court’s calendar.
5. Order. The court hears evidence under oath. It may order treatment if the statute’s conditions are proved, and it decides the outcome.

What the Robinson Casey service covers

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The work covers the court process tied to a petition, from review through hearings the court schedules.

• Petition review. We compare the facts against the petition contents the statute lists.
• Petition preparation. We help prepare the petition and supporting documents.
• Court proceedings. We handle the hearings tied to the petition, on the court’s schedule.
• Records privacy. Under § 397.6760, petitions, court orders, and related records are confidential and exempt from public disclosure.
• Attorney access. Under § 397.68151, an attorney for the named person has access to the person, witnesses, and relevant records.

The firm also handles guardianship matters, including emergency temporary, plenary, limited, and mental health guardianship. Those are separate matters. For background on the difference between treatment types, read our voluntary versus involuntary treatment guide.

Why work with Robinson Casey on a Marchman Act matter?

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq. is the responsible lawyer for this page.

Our team includes assistants and office staff who support the responsible lawyer with scheduling, documents, and filings. The team speaks for the firm and its staff only.

We cannot promise how a court will rule. A judge decides based on the evidence presented and the court’s discretion.

If your situation calls for a lawyer outside these areas, we will say so.

Questions families ask about involuntary cocaine treatment in Florida

What can the court do at the conclusion of the hearing? Under Fla. Stat. § 397.6957, at the conclusion of the hearing the court shall either dismiss the petition or order the respondent to receive involuntary treatment services.

Does filing a petition cost money? The clerk may not charge a filing fee for the petition under § 397.681. Under § 397.68112, the court may prohibit service of process fees for an indigent petitioner.

Does the person have a right to a lawyer? Yes. Under § 397.681, the respondent may waive counsel only if the court finds the waiver is knowing, intelligent, and voluntary.

Can the court act before a hearing? Under § 397.6818, the court may enter an emergency order without appointing an attorney. The court decides whether emergency circumstances exist.

Talk with Robinson Casey about your family’s situation

If a parent, spouse, or adult child’s cocaine use is putting them at serious risk, you may be weighing whether a Marchman Act petition is the right step. Call Robinson Casey at (561) 849-4149, or send a request through our contact page. We can walk you through the statute’s steps and what the court may decide.