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A Marchman Act petition asks a Florida court to order assessment and treatment for an adult with a substance use problem. This guide explains who can file, how distance changes the case, and what the steps look like.

What a Marchman Act Petition Is and Who Can File One

A Marchman Act petition is a request to a Florida court for help with substance abuse. The court can order assessment and treatment when the legal criteria are met. § 397.675 requires a good faith reason to believe the person is impaired and has lost self-control over substance use.

The process starts with a filed petition, not with a treatment provider. For an adult, § 397.68112 lets these people file: the respondent’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and past treatment.

Many families assume only a spouse can act. That’s a mistake. A parent, sibling, or adult child can qualify under the statute. The person named in the case is called the respondent.

The petition must name the respondent and the petitioner. It must state their relationship and lay out the facts. Those facts must show why the petitioner believes the person is impaired. For the full overview, read our involuntary commitment for addiction guide.

How Distance Changes a Marchman Act Case

The statute ties filing to the county where the person is located. The petition goes to the clerk of the court in that county. § 397.681(1) also says the clerk may not charge a fee for filing it.

Filing in the wrong county is a real risk. In J.P. v. J.N., the Fifth District treated a wrong-county filing as a venue problem, not a loss of the court’s power to hear the case. However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction, as stated in J.P. v. J.N..

Three questions shape the case:

• Where the person is right now, and whether that place is a facility, a hotel, or a home.
• How notice reaches the person. The statute requires copies of the petition and hearing notice to go to the respondent and others the court directs (§ 397.68151).
• Whether the respondent must attend the hearing. The respondent must be present unless the court finds a valid reason to excuse them (§ 397.6957).

The facts decide whether a Florida court can act in a given out-of-state situation. That is the first question we review in a consultation. If your loved one refuses to admit a problem, our guide for adult children who deny a drug problem covers that situation.

Marchman Act vs. Baker Act and Guardianship: Which Tool Fits

The Marchman Act addresses substance use. The Baker Act is a separate Florida law for mental health. Guardianship is a different court process. It covers who makes decisions and manages affairs for a person who cannot do so.

Some families face both problems. The Marchman Act criteria also cover a person with a substance use disorder and a co-occurring mental health disorder (§ 397.675).

The facts decide which path fits. Families often ask whether they must wait for a crisis. § 397.68111 lists more than one ground for a petition. These include a recent protective custody or emergency admission, or an assessment within 30 days. For more on that question, see our guide on waiting for rock bottom.

Step-by-Step: What Happens After a Petition Is Filed

After filing, the court must set a hearing within 10 court working days, unless it grants a continuance (§ 397.68151).

1. Gather the facts. Write down recent conduct, dates, the person’s location, and any past assessment. The petition may include a report from a qualified professional who examined the person within 30 days before filing (§ 397.68141).
2. File with the clerk. File in the county where the person is located. The clerk may not charge a filing fee.
3. Emergency orders. In an emergency, the court may rely on the petition alone and enter an ex parte order for assessment and stabilization (§ 397.6818). The petition must give a good faith reason to believe the criteria are met. In D.H. v. K.J.R., the court held an order was erroneous where the petition fell short.
4. Holding and assessment. A service provider may not hold the person for more than 72 hours of observation, except in listed situations (§ 397.6818). A clinical assessment must occur before involuntary treatment.
5. Hearing. Testimony is taken under oath and the hearing is recorded. Witnesses may testify remotely by audio-video, but must send their documents by the close of business the day before (§ 397.6957).
6. Order. If the court finds the conditions proved by clear and convincing evidence, it may order treatment for up to 90 days (§ 397.697).
7. End or renewal. The order ends automatically at 90 days unless a renewal motion is filed (§ 397.6977). A renewal may add up to 90 days (§ 397.6975).

Note the burden of proof. In doing so, the court failed to follow the applicable statute by essentially functioning as the absent petitioner, as addressed in J.C. v. State. In J.C. v. State, a judge who questioned the only witness while the petitioner was absent went too far.

Can a Marchman Act Petition Be Dropped?

A petition does not end just because the family’s situation changes.

An ex parte order that is not carried out by the initial hearing date is void. If the respondent has not been assessed within 90 days, the court must dismiss the case (§ 397.6818).

Where the case stands decides the next step. Talk through the facts before you file, so you know what each step will do.

Why Families Work With Robinson Casey

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, serving families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible attorney. Assistants and office staff support the practice and help keep families’ documents and schedules organized.

The practice handles these matters:

• Marchman Act attorney work
• Guardianship attorney work
• Emergency temporary guardianship
• Plenary guardianship
• Limited guardianship
• Mental health guardianship
• Involuntary commitment for addiction

If your loved one is a parent, custody questions can come up too. Our guide on addicted parents and children covers that situation.

Frequently Asked Questions About Out-of-State Marchman Act Petitions

Talk With Robinson Casey About Your Family Member’s Situation

Watching a loved one’s health and safety slip from another state is hard. You may feel you have to decide everything alone, before you’re ready to hire anyone. You don’t have to. Call (561) 849-4149 or request a consultation and bring the facts about your family member. Your first consultation is free, confidential, and carries no obligation to continue (consulta inicial gratuita, confidencial y sin compromiso).