Adult Child Denies a Drug Problem? Understand Your Florida Options

A parent cannot order an adult child into treatment just by insisting. Florida’s Marchman Act gives family members a court process they can start when the legal criteria are met.

The Short Answer: A Parent Cannot Order Treatment, But Florida Law May Allow a Court Process

No, a family’s wishes alone don’t create a treatment order. Only a judge can order involuntary treatment, and only after a court process. It lets certain people ask a court to order assessment and treatment for an adult with a substance use problem.

Under Fla. Stat. § 397.68112, a petition for an adult can be filed by the adult’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment. So a parent can start the process.

Under Fla. Stat. § 397.675, mere refusal to receive services is not, by itself, evidence that the person lacks judgment about needing them. It is not the end of the question.

Richard J. Casey III, Esq. is the responsible lawyer for this page.

What the Marchman Act Is and Who Can Start a Case

The Marchman Act is Florida’s law for court-ordered assessment and treatment of substance use. It is separate from the mental health statute. A parent or other relative can start a case by filing a petition with the court.

The petition must name the adult, name the person filing it, and explain how they are related. It must also list the facts that show why services are needed. Under Fla. Stat. § 397.68141, a petition for involuntary services must contain the name of the respondent, the name of the petitioner, the relationship between the respondent and the petitioner, the name of the respondent’s attorney if known, and the factual allegations establishing the need for involuntary services for substance abuse impairment.

The petition goes to the clerk of the court in the county where the adult is located. The clerk may not charge a fee for filing it. Under Fla. Stat. § 397.681, petitions for involuntary treatment of substance abuse impaired persons must be filed with the clerk of the court in the county where the person is located, and the clerk may not charge a filing fee. The alleged impaired person is named as the respondent and has the right to counsel at every stage of the proceeding.

Location matters. In J.P. v. J.N., a Florida appeals court held that filing in the wrong county did not take away the circuit court’s jurisdiction. Families whose adult child is moving between facilities should keep that in mind.

The adult named in the petition is the respondent. A respondent has the right to counsel at every stage of the case, and the court can appoint a lawyer if needed. The same statute covers that right.

For a wider view of your options, read our involuntary commitment guide.

What the Court Looks For: Impairment, Lost Self-Control, and Risk of Harm

The statute speaks of 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. Because of that, the person must have lost the power of self-control over substance use. Under Fla. Stat. § 397.675, a person meets the criteria for involuntary admission if there is good faith reason to believe the person is substance abuse impaired or has a substance use disorder and a co-occurring mental health disorder and, because of that impairment or disorder, has lost the power of self-control with respect to substance abuse.

The statute then adds a second test. The person must either be unable to appreciate the need for services and make a rational decision about them, or be likely to neglect their own care in a way that poses a real and present threat of substantial harm. Another option is a substantial likelihood of physical harm to self or others.

Evidence matters. A petition can include a report from a qualified professional who examined the adult within 30 days before filing. If the adult was never assessed or refused an evaluation, the petition must say so. At the hearing, the court can hear family members who know the adult’s history, and it may order drug tests. Under Fla. Stat. § 397.6957, the respondent must be present at a hearing on a petition for involuntary treatment services unless the court finds that he or she knowingly, intelligently, and voluntarily waives the right to be present, or finds that presence is inconsistent with his or her best interests or is likely to be injurious to self or others. The court may also order drug tests, and witnesses may, as appropriate, attend remotely and testify under oath by audio-video telecommunications technology.

Families often gather records of missed work or school, dangerous driving, overdoses, or unsafe living conditions. These facts show the court what is happening. They don’t predict how any judge will rule.

The petitioner carries the burden of proof. In J.C. v. State, the Fifth District reversed an order where the trial court called and examined the only witness while the petitioner was absent.

How the Petition and Court Process Typically Unfolds

After a petition is filed, the court must schedule a hearing within 10 court working days, unless a continuance is granted. Under Fla. Stat. § 397.68151, once a petition for involuntary services is filed with the clerk, the court must immediately determine whether the respondent is represented by an attorney or whether appointing counsel is appropriate; if the court appoints counsel, the office of criminal conflict and civil regional counsel represents the respondent. The court also checks whether the adult has a lawyer. A copy of the petition and the hearing notice go to the adult and to others the court lists.

In an emergency, the court can act faster. Under Fla. Stat. § 397.6818, the court may rely on the petition alone and enter an ex parte order for assessment and stabilization, without first appointing an attorney. The service provider may not hold the person for more than 72 hours of observation, except in the situations the statute lists.

At the hearing, the adult must be present unless they knowingly waive that right. A clinical assessment is also required before an involuntary treatment order, unless the adult is present and expressly waives it. Under Fla. Stat. § 397.6957, the respondent must be present at a hearing on a petition for involuntary treatment services unless the court finds that he or she knowingly, intelligently, and voluntarily waives the right to be present, or, after receiving proof of service and evaluating the circumstances of the case, that presence is inconsistent with his or her best interests or is likely to be injurious to self or others.

If the court finds the conditions proved by clear and convincing evidence, it may order treatment for a period not to exceed 90 days. Under Fla. Stat. § 397.697, when the court finds the conditions for involuntary treatment services proved by clear and convincing evidence, it may order the respondent to receive those services from a publicly funded licensed service provider for a period not to exceed 90 days. It may instead order treatment through a privately funded licensed service provider if the respondent, or someone on the respondent’s behalf, is willing and able to pay. A renewal petition must be filed before that period ends. The court may then order up to an additional 90 days. Under Fla. Stat. § 397.6975, when a service provider believes that an individual nearing the scheduled date of release from involuntary treatment services continues to meet the criteria for involuntary services, a petition for renewal must be filed with the court before the court-ordered services period expires. The petition may be filed by the service provider, or by the person who filed the initial petition if it is accompanied by supporting documentation from the service provider.

One rule differs by district. In a Fifth District decision, the court held that a trial court may not call and question the assessing professional when the petitioner is absent. The Fourth District has certified a conflict on a related question. In C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare, the appellate court explained that the trial court failed to follow the governing statute when, in the absence of the petitioner, it called and questioned the health care professional who executed the involuntary services certificate.

Some matters may be referred to another lawyer or firm. If that applies to your case, we will tell you.

Marchman Act vs. Baker Act: Why the Difference Matters for Addiction

For drug or alcohol use, the Marchman Act is the law to look at. Families sometimes hear both names, so it helps to know which law covers which problem.

Some adults have both a substance use disorder and a co-occurring mental health disorder. The facts of each case decide which path fits.

Don’t rely on a label. Look at what the adult is doing, what they have refused, and what has been written down. Those details tell you more than the name of the law.

Steps Parents Can Take While They Decide Whether to Act

Start by writing down specific events. Record dates, places, what happened, and who saw it. A petition must state the facts that show why services are needed, so this record can matter later.

Also write down any past assessments or treatment attempts. The petition must note whether the adult was assessed or refused an evaluation.

Set clear limits on money and housing that make drug use easier. Decide what you will and won’t pay for, say it plainly, and keep to it.

Many families ask whether an adult must hit rock bottom first. For more on that question, read our rock-bottom guide.

If the adult also has minor children, see our addiction and custody guide. If the adult has no stable housing, see our guide for loved ones without housing.

Talk Through Your Situation With Robinson Casey

If your adult child says nothing is wrong while you watch them struggle, you may feel scared and stuck. Deciding whether to go to court is hard to do alone.

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, serving families across South Florida and statewide. To talk through the facts of your adult child’s situation, call (561) 849-4149 or request a consultation on our contact page.

The first consultation is free, confidential, and carries no obligation to continue. No result can be promised, but we can review your facts with you.