Your Son Left Rehab. What Can Florida Law Do Now?

The Short Answer: Yes, a Florida Court Can Be Asked to Order Treatment

Yes. A family member can ask a Florida court to order an adult into substance use treatment under the Marchman Act, which sits in Chapter 397 of the Florida Statutes. The process moves through a petition, a hearing, and a judge’s decision.

Your son walked out of treatment. Your calls go unanswered. Each night you wait for the call that says he has overdosed. You have paid for programs, tried interventions, and held firm on boundaries, yet he keeps getting worse. This page explains how a court petition works in Florida.

No result can be promised here, and each case turns on its own facts.

What the Marchman Act Is and Who It Covers

The Marchman Act is Florida’s court process for adults whose substance use has taken away their ability to stop. A person meets the admission criteria when there is a good faith reason to believe they are substance abuse impaired, or have a substance use disorder and a co-occurring mental health disorder, and because of that they have lost the power of self-control over that use and either need services but their judgment is so impaired they cannot appreciate that need or make a rational decision about it, or they are likely to neglect themselves or refuse care in a way that poses a real and present threat of substantial harm that is not apparent to be avoidable through willing, able, and responsible family members or friends or other services, or there is a substantial likelihood they have inflicted, threatened, or attempted physical harm on themselves or others, or are likely to do so unless admitted. § 397.675 admission criteria

The law also looks at judgment. A person may qualify if they have lost the power of self-control over substance use and, because of that impairment, their judgment keeps them from seeing their need for help. A mere refusal of services is not by itself evidence of impaired judgment. A person may also qualify, if they have also lost the power of self-control over substance use, when without care they are likely to neglect themselves or refuse care, that poses a real and present threat of substantial harm, and it is not apparent that willing, able, and responsible family members or friends or other services could avoid that harm. A person may also qualify, if they have also lost the power of self-control over substance use, when there is a substantial likelihood they have inflicted, threatened, or attempted physical harm on themselves or others, or are likely to do so unless admitted. § 397.675 admission criteria

Your son’s drug or alcohol use, and the danger it brings, is the situation this law is built around. A family cannot order treatment on its own. A judge makes that decision after a hearing. § 397.697 court order

Why a Son Who Walked Out of Treatment Can Still Be Brought Back to Court

Walking out of treatment does not stop a family from filing. What matters is whether the facts meet the standards in the statute.

Start documenting now. Write down the date he left, any overdose, emergency room visit, or hospital stay, any arrest, threats, and relapses. Dated events give a judge something specific to weigh. General worry does not.

If a qualified professional examined him within 30 days before you file, that report can go with the petition. If he was never assessed or refused an evaluation, the petition must say so. § 397.68141 petition contents

Your petition is verified by a written declaration. You declare under penalties of perjury that the facts are true. Knowingly making a false declaration is a third-degree felony. § 92.525 written declaration

For the wider picture, read our adult child refuses treatment guide.

What the Petition Asks the Court to Do

A petition asks a judge to order assessment and, when the criteria are met, treatment. § 397.68112 who may petition

The petition must name your son and you, state your relationship, and name his attorney if known. It must also give your reasons. § 397.68141 petition contents

In an emergency, the petition must describe the urgent facts and include a request for an ex parte assessment and stabilization order. A judge can act before your son is heard, but only when the petition gives a good-faith reason to believe the criteria are met. A facially insufficient petition requires dismissal. D.H. v. K.J.R.

The clerk may not charge a fee to file a Marchman petition. The petition is filed in the county where your son is physically located, which may differ from where you live. § 397.681 jurisdiction and counsel Under this section, the courts have jurisdiction of involuntary treatment petitions for substance abuse impaired persons, and such petitions must be filed with the clerk of the court in the county where the person is located. Under Fla. Stat. § 397.681(1), involuntary treatment petitions for substance abuse impaired persons must be filed with the clerk of the court in the county where the person is located. J.P. v. J.N., 225 So. 3d 410 (Fla. 5th DCA 2017) J.P. v. J.N.

What Happens at the Hearing and What the Parent’s Role Is

The hearing is set within 10 court working days unless a continuance is granted. Your son, you, and his attorney, if known, receive copies of the petition and notice. § 397.68151 duties upon filing

Your son has the right to a lawyer at every stage. If he cannot afford one, the court can appoint counsel. § 397.681 jurisdiction and counsel

The judge hears all relevant evidence, including testimony from family members who know his history. The judge may also order drug tests. § 397.6957 hearing

Testimony is given under oath. He may refuse to testify. The respondent must be present at the hearing unless the court finds he knowingly, intelligently, and voluntarily waives his right to be present, or that his presence is inconsistent with his best interests or likely to be injurious to self or others. The court hears all relevant evidence, including the results of the qualified professional’s assessment. § 397.6957 hearing

Your role is to describe recent events, accurately and under oath. The Fifth District has held that a judge may not question the clinician in place of an absent petitioner. The Fourth District reached a different result and certified conflict. C.W.R.K. J.J.J. v. D.G. This split is district-level law, not a statewide rule, and the 2024 amendments may affect it. So plan to attend and present your own account.

If the Court Orders Treatment: What Follows

A court may order involuntary treatment for up to 90 days. The judge must find the conditions proved by clear and convincing evidence, a demanding standard of proof. § 397.697 court order If needed, the judge can direct the sheriff to take him into custody and deliver him to the provider.

The order can end early when its reasons no longer apply. § 397.6971 early release

If the conditions justifying involuntary treatment are expected to exist after 90 days of treatment, a renewal of the involuntary services order may be requested before the end of the 90-day period. § 397.6977 discharge

Discharge planning must address follow-up appointments, medication access, living arrangements, transportation, and recovery support. § 397.6977 discharge

Many families assume the order ends their role. It does not. The court keeps the case open and can monitor compliance, change the treatment, or begin contempt proceedings for violating a valid order.

When the Situation Is an Emergency Right Now

If your son is overdosing, not breathing normally, or threatening to kill himself, call 911 now. Do not wait for a court filing.

Florida law also allows emergency admission to a hospital, detox facility, or addictions receiving facility. The facility must receive a certificate from a listed professional that is specific to substance abuse impairment, plus an application for emergency admission. § 397.679 emergency admission

Medical care comes first when his life is at risk. The court process can follow.

Talk Through Your Son’s Situation With Robinson Casey

Robinson Casey focuses exclusively on Marchman Act petitions and guardianship matters.

Quick Answers

If your son walked out of treatment, relapsed, and keeps getting worse, you should not have to carry that crisis alone while you work out the legal route. Richard J. Casey III, Esq. is responsible for this page. Call (561) 849-4700 or request a consultation. The first consultation is free, confidential, and carries no obligation to continue.