Get Medical Records for Your Marchman Act Petition in Florida

You need the relative’s signed authorization, a signature from a legal representative, or a court order. Federal privacy law adds stricter rules for substance use treatment programs. This page walks through each route in plain terms.

Why Medical Records Matter in a Marchman Act Petition

Some medical and treatment records are protected by confidentiality rules, but those rules depend on the type of record and who holds it. Federal law at § 290dd-2 makes confidential the records of patients in federally assisted substance use disorder programs, which may be disclosed only as expressly authorized, and Florida’s psychotherapist privilege under § 90.503, Florida Statutes, covers certain confidential communications with a psychotherapist. Each rule has its own exceptions: the federal rule allows disclosure with the patient’s written consent or by court order, while Florida’s privilege does not apply to communications relevant to proceedings to compel hospitalization for mental illness, communications in a court-ordered examination, or cases where the patient relies on the condition as part of a claim or defense. Many families start this process because someone they love won’t ask for help. The danger feels immediate. Records can feel like a slow, technical problem by comparison, but they matter.

Florida law requires a petition to state specific facts. It must explain why the petitioner believes the person is substance abuse impaired and has lost the power of self-control, and also why the petitioner believes the person has inflicted or is likely to inflict physical harm on himself, herself, or others unless the court orders services, or that the person’s refusal of care reflects judgment so impaired by substance abuse that the person cannot appreciate the need for care or make a rational decision about it. The Florida petition contents statute sets out these requirements. The petition may also include a report from a qualified professional who examined the person within 30 days before filing.

For an overview of the full process, read our Marchman Act overview before going further.

Who Can Request an Adult’s Medical Records in Florida

A health provider generally cannot release an adult’s health information without a valid authorization. Under the HIPAA authorization rule, a covered entity may not disclose protected health information without a valid authorization, except where the rules permit or require it.

Some exceptions apply in medical emergencies.

That leaves three main routes. The first is the relative’s own signed authorization. The second is a signature from a legal representative, such as a court-appointed guardian. The third is a court order or subpoena.

Who may file a petition is a separate question. An adult respondent’s spouse, legal guardian, any relative, or a service provider may file under Florida law. Being allowed to file a petition does not, by itself, let you see the person’s records.

Option 1: Obtaining the Relative’s Signed Authorization

The simplest route is a written authorization that the relative signs. For substance use treatment records, the federal consent rule requires the patient’s name, the person allowed to disclose, a description of the information, the recipient, and the patient’s signature.

Ask the provider which form it accepts. Bring a completed form if you can, so the request moves faster.

Many relatives are willing in principle but hard to reach. Others cannot sign at the moment. In that case, keep a written record of each request and the date you made it. Save every reply, too. Clear dates help if the matter reaches the court later.

Option 2: Court Orders, Subpoenas, and Special Rules for Substance Use Treatment Records

When a relative will not sign, a court order is the route most families face for records from a substance use treatment program. Federal law protects records from federally assisted programs. Under the Florida petition contents statute, 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 federal rule that records may be disclosed only as the law expressly allows is in § 290dd-2. The federal confidentiality statute makes this clear.

In a civil case against the patient, these records generally require the patient’s consent or a court order. The order must follow an application showing good cause. The federal order rule sets the test. Other ways to get the information must be unavailable or ineffective. The court must weigh the public interest and the need for disclosure against the injury to the patient, the physician-patient relationship, and the treatment services.

The choice depends on the facts, including which provider holds the records and what they contain.

What Kinds of Records Are Commonly Relevant

The most useful records show substance use and the risk of harm the petition describes. Florida’s involuntary admission criteria focus on two points. The person must have lost the power of self-control with respect to substance use. The Florida admission criteria statute sets out these points.

Records that often help include:

• Emergency department or hospital admission records
• Physician notes about substance use
• Prior treatment admissions and discharge summaries
• Records of overdoses or injuries linked to use

Therapy records raise a separate issue. A patient may refuse to disclose confidential communications with a psychotherapist, under the Florida psychotherapist privilege statute. But there is no privilege for communications relevant to proceedings to compel hospitalization. That exception applies when the psychotherapist has reasonable cause to believe the patient needs hospitalization.

Timing, Limits, and What Happens When a Relative Refuses

A refusal to sign or to be evaluated does not end the petition.

If there is an emergency, the petition must also describe the person’s exigent circumstances and include a request for an ex parte assessment and stabilization order. A Second District ruling held that such an order must rest on petition facts giving a good-faith reason to believe the statutory criteria are met.

Venue matters too. The clerk may not charge a filing fee for the petition. In J.P. v. J.N., the Fifth District held that filing in the wrong county is a venue defect, not a loss of jurisdiction. However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction, as the court explained in J.P. v. J.N..

No one can predict how the court will rule. The judge decides based on the evidence presented.

Keeping the Process Lawful While You Prepare

Get records only through routes the law allows, and keep a careful record of what you see. Start a dated log. Write down what you observed, each incident, and what was said. Stick to plain facts and avoid guesses.

Do not copy or take a relative’s private records without legal authority. Records obtained outside proper channels can create problems in court.

Fla. Stat. § 90.503 governs a patient’s privilege to refuse disclosure of confidential communications; it does not address whether petition facts must be true. Under the Florida verification statute, a written declaration says the facts are true under penalties of perjury. Fla. Stat. § 92.525 reads: “(2) A written declaration means the following statement: “Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true,” followed by the signature of the person making the declaration, except when a verification on information or belief is permitted by law, in which case the words “to the best of my knowledge and belief” may be added.” A person who knowingly makes a false declaration is guilty of a third-degree felony.

Under the Florida court records statute, petitions, orders, and related records are confidential. The clerk may release them only to listed people or by court order for good cause.

Where your case is heard matters. The Fifth District has held that the petitioner must present the case, in C.W.R.K. and J.C. v. State. The Fourth District reached a different result in J.J.J. v. D.G., and the courts disagree on the point.

If You Are Preparing a Petition for Someone You Love

Preparing a petition means gathering facts, collecting records, and planning how to get them lawfully. Your situation may look like one of these. A brother has had repeated overdoses and says he is fine. A spouse has stopped going to work, and you are covering the bills in secret. An adult child has refused every offer of help while you watch the danger grow.

Deciding whether to file is a heavy choice to carry alone. Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide.

A free first consultation is confidential and comes with no obligation to continue. If your family is weighing a Marchman Act petition and needs records to support it, we’re glad to talk through your situation with you. You can schedule a consultation or call (561) 849-4149.

Can a family member get an adult’s medical records without permission in Florida?

Generally no. A provider usually needs a valid authorization or legal authority, such as a court order.

Do I need a court order for substance use treatment records?

Often yes. Records from federally assisted substance use programs generally require the patient’s consent or a qualifying court order.

Who can file a Marchman Act petition for an adult?

A spouse, legal guardian, any relative, a service provider, or an adult with direct personal knowledge may file under Florida law.