Worried About Your Adult Son? Start With a Clear Answer.

Your Son Overdosed, and He Still Says No: Where You Stand Now

Yes, a Florida parent can ask a court to order an adult son into assessment and treatment under the Marchman Act. Your facts decide whether a petition fits. This involuntary commitment addiction checklist for parents Florida families can use will help you sort them out.

You have probably spent years paying for treatment, trying interventions and setting boundaries. Then a 911 call, a hospital visit or a missed week of calls pushed you to look for another way. You did not choose this situation. You may not be ready to hire anyone. You want to know whether a legal path exists for your son.

This page gives you five yes-or-no checks, what each answer means, the steps that follow, and honest answers to your biggest fears. It is general information, not advice about your case. Robinson Casey focuses on Marchman Act and guardianship matters for families across South Florida and statewide.

What the Marchman Act Is and Who Can File a Petition

The Marchman Act is Florida’s court process for involuntary assessment and treatment of adults with substance use impairment. A judge reviews a petition and decides whether your son must be assessed and, if the law is met, treated.

For an adult, a petition may be filed by the person’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the substance abuse impairment and prior treatment (§ 397.68112). A parent is a relative, so a parent may file.

The petition must give both names, your relationship to him, and the facts behind your belief. Those facts must show why you believe he is impaired, has lost power of self-control over substance use, and either that he has inflicted or is likely to inflict physical harm on himself or others unless the court orders services, or that his refusal of care rests on judgment so impaired he cannot appreciate his need for care or make a rational decision about it (§ 397.68141).

The Marchman Act is not the same as guardianship.

The Eligibility Checklist: Five Yes-or-No Checks for Your Son

Answer each check honestly, based on what you saw or personally know.

Check 1: Is your son 18 or older? Yes or no. The adult rules apply to adult respondents. A minor’s case follows different rules. – Yes: Continue to Check 2. – No: The rest of this checklist may not fit your facts.

Check 2: Has substance use left him unable to make safe decisions? Yes or no. – Yes: Write down the three most recent incidents, with dates. – No or unsure: Keep a dated log of what you see over the next few weeks.

Check 3: Did you personally see, hear or experience the behavior? Yes or no. The court hears testimony from family members familiar with his history (§ 397.6957). Firsthand facts carry more detail than reports from others. – Yes: Gather texts, call logs, hospital or police records, and dated notes. – Secondhand only: Write down who told you, what they said, and when.

Check 4: Has he refused treatment or left it early? Yes or no. The statute says a refusal alone is not evidence of lack of judgment about his need for services (§ 397.675). 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.” Refusals matter most when they come with harm or impairment. – Yes: List each treatment offer, his response, and the date. – No: Record any time he refused help and what happened next.

Check 5: Is there a risk of harm, or a mental health condition alongside the substance use? Yes or no. A co-occurring mental health disorder alongside a substance use disorder is one way to meet the criteria. He must also have lost self-control over substance use. Beyond that, he must either have judgment so impaired by substance abuse that he can’t see his need for services (simply refusing help is not, by itself, proof of this), or, without care, be likely to neglect himself in a way that poses a real and present threat of substantial harm that it is not apparent willing, able and responsible family members or friends or other services could prevent, or there must be a substantial likelihood that he has hurt, threatened or tried to hurt, or unless admitted is likely to hurt himself or another (§ 397.675). – Yes: List threats, self-harm, psychiatric hospital stays and diagnoses. – No: Note any incident that could have hurt him or someone else.

A no or unclear answer means your facts need more detail. It does not close the door. Whether a petition fits your son depends on the facts. Your answers are not a prediction of what a court will do.

What Happens After You Decide to Act: Process and Timeline

The process moves from fact-gathering to a filed petition, a court review, and a hearing. Here is what to expect, step by step.

1. Build your timeline. Cover the last six to twelve months. List incidents, treatment offers, refusals, and who saw what.
2. Review your facts with a lawyer. Decide together whether a petition is the right step.
3. File in the right county. The petition goes to the clerk of the court in the county where your son is located (§ 397.681). Under Fla. Stat. § 397.681(1), a petition for involuntary treatment for substance abuse impairment must be filed with the clerk of the court in the county where the person is located.
4. Court review and hearing date. The court must schedule a hearing within 10 court working days unless a continuance is granted (§ 397.68151). In an emergency, the court may rely on the petition alone and enter an ex parte assessment and stabilization order. A provider generally may not hold him more than 72 hours of observation unless a listed exception applies (§ 397.6818).
5. Testimony is under oath, and he may refuse to testify (§ 397.6957). The appellate opinion in this case is linked here for reference (J.C. v. State).
6. The order. If the court finds the conditions proved by clear and convincing evidence, it may order treatment for up to 90 days (§ 397.697). Early release is possible once the conditions no longer exist (§ 397.6971).

Your Fears, Answered Honestly: Overdose, Jail, Homelessness and Losing Hope

No court order can promise that your son stops using or stays safe. The statute’s words are about assessment, stabilization and treatment. Here is what it says on your biggest worries.

• Overdose and death. The criteria focus on impairment and risk of harm. An order lasts up to 90 days, and early release is possible when the criteria no longer apply. In an immediate medical emergency, emergency medical care comes first.
• Jail. The statute allows the court, if it finds it necessary, to direct a sheriff to take a person into custody and deliver him to a licensed service provider for involuntary treatment services (§ 397.697). The purpose named is delivery to treatment, not a criminal charge.
• Homelessness. The order sets treatment services, not housing. Plan for housing as a separate step, and ask how the order affects his care.
• Losing hope. After years of trying, exhaustion makes sense. A legal path is one more tool. It is not a promise that your son will change.

Why Families Bring This Question to Robinson Casey

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, serving families across South Florida and statewide. The practice covers Marchman Act petitions, involuntary commitment for addiction, and guardianship, including emergency temporary, plenary, limited and mental health guardianship.

Richard J. Casey III, Esq. is the lawyer responsible for this page. Our team includes support staff who assist with scheduling and intake.

At your first consultation, bring your checklist answers and your timeline. The first consultation is free, confidential and carries no obligation to continue. If your matter may be better handled by another lawyer or firm, we will tell you so.

Frequently Asked Questions About the Marchman Act for Parents

The facts in the petition decide whether filing makes sense.