Need a Lawyer to Help Get Your Adult Child Into Treatment?

When Your Adult Child Keeps Getting Worse

Florida law can let a parent ask a court to order an adult child into treatment, even without the child’s agreement. That request runs under the Marchman Act, and a judge makes the final decision.

You may have already paid for treatment, tried interventions, and set firm boundaries. Then came the overdose, the hospital visit, the arrest, or the day your child disappeared. Now you are looking for a lawyer to force adult child into treatment Florida, because the old methods are not working.

Your fears are real. You worry your child will overdose and die, go to jail, or end up homeless. You may also worry that nothing will ever work.

This page explains how the Florida process works, what a court must find, and what to expect. You don’t have to decide anything today. Robinson & Casey focuses on Marchman Act petitions and guardianship matters, serving families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.

What the Marchman Act Is and Who It Covers

The Marchman Act is Florida’s law for assessment and treatment of people severely impaired by substance abuse. It covers both adults and youth, according to the Florida DCF Marchman Act page.

The Act is about care. The court asks whether your child needs treatment, not whether your child committed a crime. The main criteria focus on impairment, loss of self-control, and risk of harm, as set out in Fla. Stat. § 397.675.

Some people have a substance use disorder along with a mental health condition. The statute covers that combination too. If mental health issues are part of the picture, the facts need to be presented to the court in full.

Can You Force an Adult Child Into Treatment in Florida?

Yes, but only through a court order. A family cannot order treatment on its own, and a judge decides whether the legal criteria are met.

There must be 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. The person must have lost the power of self-control over substance use. The person must also need services and be unable to see that need, or be likely to neglect themselves, where that neglect poses a real and present threat of substantial harm that is not apparent to be avoided through the help of willing, able, and responsible family members or friends or other services, or there is a substantial likelihood the person has inflicted, threatened, or attempted physical harm on themselves or others, or is likely to inflict it unless admitted. See Fla. Stat. § 397.675.

Refusing help alone is not enough. The statute says that mere refusal to receive services is not, by itself, evidence of impaired judgment. 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.”

§ 397.675 does not address where a petition is filed or any filing fee; it sets out the criteria for involuntary admission: there must be 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, has lost the power of self-control over substance abuse and meets one of the need-or-harm conditions. The courts have also held that a petition filed in the wrong county did not take away the circuit court’s jurisdiction, as shown in J.P. v. J.N.. Whether the criteria are met depends on the facts of each case.

What Our Florida Marchman Act Attorneys Handle

Our attorneys and staff focus on Marchman Act petitions and involuntary commitment for addiction. The work serves families in South Florida, Miami-Dade, and statewide.

The work typically includes:

• Reviewing the facts and the family’s history with the adult child
• Gathering records of overdoses, hospital visits, arrests, and prior treatment
• Drafting and filing the petition with the clerk
• Asking for an emergency order when the facts support one
• Preparing for the hearing, including the family members who may testify
• Keeping the family informed at each stage

If a matter may need another lawyer or firm, we will tell you during the consultation.

How the Process Works, Step by Step

Most cases move through the same stages. The timing changes with each court’s calendar, and no one can predict it in advance.

1. Consultation. You describe the recent incidents and your child’s history. We review the facts and explain the options.
2. Records. We gather dates, reports, and witness names that show the danger and the prior treatment attempts.
3. Petition. The petition must name both parties, explain their relationship, and state the facts. See Fla. Stat. § 397.68141.
4. Emergency order, if needed. In an emergency, the court may enter an ex parte assessment and stabilization order based on the petition, as stated in Fla. Stat. § 397.6818. An ex parte order not carried out by the first hearing date is void, but if the respondent does not appear at the hearing, the court may issue or reissue an ex parte assessment and stabilization order that is valid for 90 days, provided that, upon reviewing the petition, testimony, and evidence presented, the court reasonably believes the respondent meets this chapter’s commitment criteria and that a substance abuse emergency exists.
5. Hearing. The court must schedule a hearing within 10 court working days unless it grants a continuance, under Fla. Stat. § 397.68151.

Your Fears, Answered Honestly

No lawyer can promise a particular result. Here is what the law says about your biggest fears.

• Overdose or death. The criteria focus on real danger to self or others. A petition has to describe that danger with specific facts.
• Under Fla. Stat. § 397.501, individuals served by substance abuse providers who are not accused of a crime or delinquent act may not be detained or incarcerated in jails, detention centers, or training schools, except for protective custody in strict accordance with this chapter.
• Homelessness. Housing and money questions often come up at the first meeting. We will be direct about what the facts support.
• Losing hope. Many families have tried many things before they call. The consultation reviews what was tried and what legal tools remain.

“Will my child never forgive me?” A petition is a court process, not a family verdict. The judge applies the statutory criteria, and your goal is your child’s safety.

“We have tried everything.” Section 397.501 does not set a test for whether the person can understand their need for care; it says an individual has the right to possess clothing and other personal effects. The understanding test comes from a different section. Past attempts matter, and they are part of what the court reviews.

Frequently Asked Questions

Why Robinson Casey for Marchman Act Petitions

Robinson & Casey focuses on Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq. is the responsible lawyer for this page.

The court record matters. In one Fifth District case, the court reversed an order because the trial judge questioned the only witness after the petitioner was absent. The petitioner carries the burden of proof, as shown in J.C. v. State. That case shows why the petition, the witnesses, and the records need careful preparation.

Our approach is plain language. We explain each step, what the court must find, and what the family can expect, without promises about the result.

Talk With a Florida Marchman Act Attorney

You may still be researching. You may be acting for a child who isn’t ready to hear it, in a crisis you did not choose. If you want to review your facts in private, call (561) 849-4149 or request a consultation online.