Help Your Family Document Substance Use for a Florida Court

If you need to document drug use for court in Florida, start with what the judge must decide. A Marchman Act case turns on facts you can show: impairment, loss of self-control, and harm or poor judgment. Clear, dated records help you describe those facts. This guide explains what to gather, how to keep it accurate, and where the limits are. It is general information, not legal advice.

What a Marchman Act Petition Asks the Court to Consider

A Marchman Act petition asks a Florida court to decide whether a person meets the state’s criteria for involuntary services for substance abuse impairment. For the full overview, see our Marchman Act guide.

The main test is in Fla. Stat. § 397.675. The court looks for a good faith reason to believe the person is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder. It also looks for proof that, because of that impairment, the person has lost the power of self-control, and also that the person is in need of substance abuse services and, because of the impairment, cannot appreciate that need or make a rational decision about it, or that without care the person is likely to neglect himself or herself in a way that poses a real and present threat of substantial harm, 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 has inflicted, threatened, or attempted to inflict harm on himself, herself, or another.

The petition focuses on impairment and how it affects the person’s ability to function. It does not focus on criminal charges. Your job is to collect facts that show those effects.

Florida law also says who may file. For an adult, Fla. Stat. § 397.68112 allows a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and the person’s prior course of assessment and treatment to file. If you fall into one of those groups, the records below can help you explain your concerns.

Florida Drug Laws and Why the Petition Focuses on Impairment

A drug crime and substance abuse impairment are two different questions. A Marchman Act petition asks about the second one. Florida’s drug laws cover possession and sale, which is a separate topic.

That difference shapes what you collect. Proof that a substance was found in a car tells the court little about impairment. Proof that a person missed work for weeks, stopped eating, and could not manage bills tells the court much more.

The same substance can matter differently from one person to the next. Your records should show the pattern of use, the person’s health, and the effect on work and home life.

Signs of Substance Abuse in a Parent or Adult Family Member

The most useful signs are changes you can see, date, and describe in plain words. Compare what you see now with the person’s normal pattern. Common changes include:

• Mood swings, anger, or sudden withdrawal from family
• Sleep changes, such as days awake or long stretches in bed
• Missed work or school, or a job that has ended
• Money trouble, missing cash, or unpaid bills
• Slurred speech, unsteady walking, or confusion
• Withdrawal symptoms, such as shaking or sweating

Separate what you saw yourself from what someone told you. A firsthand observation is your own account. A secondhand report comes from another person, so note who said it and when.

Be careful with refusal. Fla. Stat. § 397.675 says mere refusal to receive services does not, by itself, show a lack of judgment about needing them. Write down what was said and what the person did next.

Watching someone you love decline is painful. Your feelings are real, but a written record works best with plain facts.

Building a Dated Incident Log

A dated incident log is a written record of what happened, when, and who saw it. Start one when you notice a pattern. Use these fields for each entry:

• Date and time
• Location
• What you saw or heard
• Who else was present
• The substance, if known
• What happened next

Specific entries beat general statements. “He is always high” gives the court a conclusion. “On March 3 at about 9 p.m., he could not stand, and his sister drove him to the ER” gives the court facts it can check.

Your log gives you those reasons in your own words.

Update the log as events happen. Keep the original file unedited, and work from a copy.

Gathering Medical, Police, and Other Records

Existing records can support what you write in your log. Look for emergency room or hospital visits, ambulance or police reports, prior treatment or detox admissions, employer write-ups, and school notices. Ask who holds each record.

Treatment records have strict privacy rules. Federal law limits how records that identify a substance use disorder diagnosis or treatment can be used in civil proceedings against the patient. This applies except with consent or a court order. See 42 U.S.C. § 290dd-2.

Health records also generally need a valid written authorization before they are shared. 45 C.F.R. § 164.508 requires that authorization to be written in plain language. The signer must also receive a copy.

Before you request or share protected health information, talk with a lawyer. Being a relative does not automatically give you access to a person’s medical file.

Texts, voicemails, photos, and videos can also be evidence. Save the original message or file. Keep the phone or account where it lives.

Can a Court Order Drug Testing Right Away?

A court can order drug tests, but whether and when testing happens depends on the facts of each case. Fla. Stat. § 397.6957 says the court may order drug tests at the hearing.

The same statute requires a clinical assessment before a person can be ordered into treatment. The only exception is when the person is in court and expressly waives it. The assessment must be filed with the clerk by the close of business the day before the hearing.

A private test is one you arrange yourself. A court-ordered test is requested by the court under the hearing rules. Either way, the test is one piece of evidence. The court must hear and review all relevant evidence, including testimony from family members about the person’s history.

What Makes a Family Member Look Bad in Court

Exaggerated, shifting, or hostile statements can hurt how the court views your account. Accuracy counts more than volume.

Common mistakes include:

• Exaggerating. Calling one bad week a lifelong crisis invites doubt.
• Changing your story. Keep the same dates and facts each time you tell them.
• Altering records. Editing or inventing an entry damages trust in everything else you say.
• Name-calling in writing. Stick to what happened, not what you think of the person.
• Posting online. Avoid social media posts about the situation.

The petitioner carries the burden of proof. Present your own facts clearly instead of hoping the court will fill gaps.

The Fifth District also addressed a judge questioning a professional when the petitioner is absent. In C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare, it held the trial court failed to follow the statute in that situation. The Fourth District reached a different result in J.J.J. v. D.G. and certified conflict.

Keeping Records Accurate and Lawful

Keep every record accurate, original, and lawfully obtained. Don’t change old entries or invent new ones. Don’t access another person’s accounts, devices, or private files without legal authority.

Preserve originals and work from copies. For physical items, note where each came from, who held it, and when it changed hands. That record of handling is called a chain of custody.

Court records are protected. Fla. Stat. § 397.6760 makes petitions, court orders, and related records confidential. The clerk may not publish personal identifying information on a public docket.

Filing location matters. Fla. Stat. § 397.681 says petitions go to the clerk in the county where the person is located. In J.P. v. J.N., the Fifth District held that filing in the wrong county was a venue issue, not a loss of jurisdiction.

For related reading, see approaching a loved one who refuses help, court options for an unstable living situation, and how a proceeding may affect firearm rights.

Talking With Robinson Casey About Your Situation

If you’re gathering these records for someone you love, you’re doing it during a hard time. You didn’t choose this decision, and you don’t have to work through the process alone.

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Richard J. Casey III, Esq. is responsible for this page.

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Our first consultation is free, confidential, and comes with no obligation to continue. Call (561) 849-4149 or request a consultation to talk through your facts.

This page is general information, not legal advice. Robinson Casey may refer a matter to another lawyer or firm when appropriate.