Marchman Act Petitions Involving Multiple Drugs

Can the Marchman Act help when a loved one uses more than one drug in Florida? Yes. The Act covers alcohol and other drugs, including illegal drugs and prescription drugs, so one petition can describe a mix of substances (Flagler County Clerk). This page explains what a court looks at, how a petition is filed, and what happens next.

Does the Marchman Act Cover More Than One Drug?

Yes. The Act is not limited to a single substance. Its criteria cover substance abuse impairment, and substance use disorders that co-occur with a mental health disorder, whatever the substances involved.

Families often call this pattern dual or polysubstance use. Your loved one might drink heavily and take pills that were not prescribed, or combine stimulants with opioids. Each mix can make behavior harder to read, and harder to describe to a judge.

The statute also reaches a substance use disorder that comes with a co-occurring mental health disorder (§ 397.675).

The goal is assessment and treatment. A court may order involuntary treatment services for up to 90 days (§ 397.697).

What Must the Court Find About Impairment and Self-Control?

The court must find the conditions for involuntary treatment proved by clear and convincing evidence (§ 397.697). The first test is impairment and lost self-control. A person meets the criteria if there is good faith reason to believe they are substance abuse impaired, and because of that they have lost the power of self-control with respect to substance abuse (§ 397.675).

The statute then requires one more showing. Or, without care or treatment, the person is likely to neglect self-care, which poses a real and present threat of substantial harm, and it is not apparent that such harm can be avoided through the help of willing, able, and responsible family members or friends or other services. 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.”

One point matters a lot. The statute says mere refusal of 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.”

When several substances are involved, describe each one. Note how often each is used and what happens when they are mixed. Examples of lost control include repeated failed attempts to cut back and continued use after job, health, or family problems. Each case turns on its own record.

What Evidence Does a Petition Need?

A petition must state specific reasons, not general worry. It must give the reason for believing the person is substance abuse impaired, the reason for believing impairment has taken away self-control, and either the reason for believing the person has inflicted or is likely to inflict physical harm on self or others unless the court orders services, or the reason for believing the person’s refusal of care comes from judgment so impaired by substance abuse that the person cannot appreciate the need for care and make a rational decision about it (§ 397.68141). It also names the respondent, the petitioner, their relationship, and the respondent’s attorney if known.

Useful records include a dated list of incidents, with the substances involved each time. Save texts, photos, and any police or medical records you have.

A report from a qualified professional who examined the person within 30 days before filing may go with the petition. If the person was never assessed or refused an assessment, the petition must say so (§ 397.68141).

Family testimony often matters. The court considers testimony from family members about the person’s history and how it relates to their current condition (§ 397.6957). Keep your notes factual, and talk with a lawyer before you raise a petition with your loved one.

How Do You File a Marchman Act Petition in Florida?

File the petition with the clerk of court in the county where your loved one is located (§ 397.681). The clerk may not charge a fee to file it.

1. Confirm who may file. For an adult, a spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment may file (§ 397.68112).
2. Gather facts and records. Build the dated timeline and collect any assessment.
3. Write the petition. Include the required content listed in the statute.
4. File in the right county. Use the county where the person is physically located.

County matters. In J.P. v. J.N., the Fifth District held that filing in the wrong county did not take away the circuit court’s jurisdiction. However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction (J.P. v. J.N.).

What Happens After Filing?

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

1. Counsel check. The court decides whether the respondent has a lawyer or needs one.
2. Notice. Copies of the petition and hearing notice go to the respondent, the petitioner, and others the statute lists.
3. Emergency order, if needed. The court may act on the petition alone and enter an order for assessment and stabilization (§ 397.6818). A provider may hold the person up to 72 hours of observation, with exceptions.
4. Assessment. Involuntary treatment generally requires a clinical assessment. An assessment must be filed with the court no later than the ordinary close of business on the day before the hearing (§ 397.6957).
5. Hearing. Testimony is under oath and recorded. The respondent may refuse to testify.
6. Order and discharge. If the court orders treatment, it lasts up to 90 days. The person is discharged at the end unless a renewal motion was filed (§ 397.6977).

The length of each stage depends on the facts and the court’s calendar, but court-ordered involuntary services end at the conclusion of the 90-day period, unless a motion for renewal of the involuntary services order has been filed with the court (§ 397.6977). Discharge planning must address follow-up appointments, prescriptions, living arrangements, and recovery support (§ 397.6977).

Why Work With Robinson Casey on These Petitions?

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

Richard J. Casey III, Esq. is the responsible lawyer for this page. The firm’s support staff include assistants and office staff.

The firm handles:

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

The practice limits itself to these areas. If your matter fits better with another lawyer or firm, we will tell you during the consultation.

Frequently Asked Questions and Your Next Step

Short answers to common questions follow.