Helping Florida Families Seek Court-Ordered Addiction Treatment

An involuntary addiction treatment petition in Florida is a court filing under the Marchman Act. It asks a judge to order an adult into assessment and, if the legal criteria are met, into treatment. A family member or another eligible person files it, not the person who uses substances. This page explains who may file, what the petition must say, how the process moves, and what to do when waiting is not safe. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters for families in Miami-Dade, South Florida and statewide.

What an Involuntary Addiction Treatment Petition Is and Who It Is For

An involuntary addiction treatment petition lets a family ask a court for help when a loved one will not accept it voluntarily. Florida law gives the courts jurisdiction over involuntary treatment petitions for substance abuse impaired persons and requires that each petition be filed with the clerk of the court in the county where the person is located (Fla. Stat. § 397.681). The person named in the petition is the respondent. The person who files it is the petitioner.

Not everyone can file. For an adult, Fla. Stat. § 397.68112 allows a petition by:

• the respondent’s spouse or legal guardian
• any relative
• a service provider
• an adult with direct personal knowledge of the substance abuse impairment and the person’s prior assessment and treatment

A petition is not a voluntary admission. It is also a separate proceeding from guardianship. The right choice depends on the facts.

What the Petition Must Say and What to Gather

The petition must name the respondent and the petitioner. It must state how they are related. It must also set out the facts behind the request, as Fla. Stat. § 397.68141 requires.

The facts must give reasons the petitioner believes:

• the respondent is substance abuse impaired
• the impairment has caused a loss of power of self-control over substance use
• the respondent has inflicted or is likely to inflict physical harm on himself, herself, or others unless the court orders the involuntary services, or refuses care because impaired judgment blocks a rational decision about it

If there is an emergency, the petition must describe the urgent circumstances and include a request for an ex parte assessment and stabilization order. It may include a report from a qualified professional who examined the respondent within 30 days before filing. If the respondent was not assessed or refused, the petition must say so.

Families should gather:

• dated incidents, including overdoses, emergency room visits, and missed days
• the substances involved and the pattern as far as you know it
• any attempts to get help and how your loved one responded
• medical or emergency records you already hold
• names of people who saw recent events

Specific, dated detail helps the court weigh the request. Write it down while it is fresh.

Warning Signs That Often Lead Families to File

Families often file after a pattern of harm, not a single event. These signs point to that pattern:

• repeated overdoses, including times your loved one was revived and then returned to use
• refusal of help while still in danger
• stealing money or property from family to buy drugs
• long stretches away while using, or being unreachable when you are most worried

Refusal alone is not enough. The statute says that mere refusal to receive services does not by itself show a lack of judgment. Fla. Stat. § 397.675 reads: “(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; 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 there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.” The petition needs the facts behind the refusal: what happened, when, and what it cost your family.

How the Process Works, Step by Step

The court must schedule a hearing within 10 court working days unless a continuance is granted, under Fla. Stat. § 397.68151. Here is the path from first call to hearing.

1. Free first consultation. The first consultation is free, confidential, and carries no obligation to continue. You describe the situation, and the lawyer reviews whether a petition fits your facts.
2. Gather and draft. You assemble dated incidents and records. The petition is drafted to meet the statute’s content requirements.
3. File with the clerk. File in the county where the person is located. The clerk may not charge a fee for this petition, under Fla. Stat. § 397.681. Under Fla. Stat. § 397.681(1), the courts have jurisdiction over involuntary treatment petitions, and the petition must be filed with the clerk of the court in the county where the person is located.
4. Court review and notice. The respondent has the right to counsel at every stage of the proceeding, and may waive that right only if the respondent is present and the court finds the waiver is made knowingly, intelligently, and voluntarily; if the court believes the respondent needs or desires counsel, it appoints one regardless of the respondent’s wishes.
5. The court hears evidence, including testimony from family members who know the history. Testimony is under oath, and the proceedings are recorded.

Timing depends on the facts and the court’s calendar.

When Waiting Is Not Safe: Emergency Options

When a loved one faces immediate danger, Florida law lets a court act before a full hearing. The court may rely on the petition alone and enter an ex parte order, meaning one entered before the respondent is heard. It can order assessment and stabilization without first appointing an attorney, under Fla. Stat. § 397.6818.

The court may order law enforcement to take the respondent into custody for evaluation. A service provider may not hold the respondent for more than 72 hours of observation, unless a listed exception applies, such as signs of withdrawal or a medical need.

Emergency temporary guardianship is a separate tool. It may fit when a loved one cannot manage personal or financial decisions and needs urgent protection. The right tool depends on the facts.

Raise the emergency question at the first conversation. Waiting for a regular hearing date can leave a loved one at risk.

What Happens After a Petition Is Filed: Hearings, Orders, and Challenges

The respondent has the right to counsel at every stage of the proceeding, although the respondent may waive that right if the respondent is present and the court finds that such waiver is made knowingly, intelligently, and voluntarily. Under Fla. Stat. § 397.681(2), a respondent has the right to counsel at every stage of a judicial proceeding relating to a petition for involuntary treatment for substance abuse impairment.

The court keeps jurisdiction to enter further orders, such as monitoring compliance, under Fla. Stat. § 397.697. A petition that does not show the required reasons can fail.

Appellate courts have limited what a judge may do when the petitioner is absent. C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare is Fifth District law. The Fourth District reached a different result on a related question, and that conflict is certified in J.J.J. v. D.G.. Some of these cases were decided under earlier versions of the statute.

Appeal deadlines are short. Raise questions about an existing order promptly.

Why Families Work With Robinson Casey

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. These cases are the firm’s focus, not a side service.

• Richard J. Casey III, Esq. is the responsible lawyer for this page.
• Our team includes support staff who help families organize documents and schedule consultations.
• The firm serves families across South Florida, including Miami-Dade, and statewide.
• At the consultation, we review your family’s facts and options. No outcome can be promised, because each case turns on its own facts.
• If another lawyer or firm may be a better fit for a matter, we will say so.

Frequently Asked Questions About Involuntary Addiction Treatment Petitions

Talk Through Your Family’s Situation With Robinson Casey

Watching a loved one keep using after overdoses, or turn down help while still in danger, is hard to carry alone. Write down the dated events you know about before you call. Then call (561) 849-4700 or request a consultation to talk through your family’s situation.