Worried About a Family Member Out of State?

Short Answer: It Depends on the Statute and the Court’s Decision

There isn’t a single yes-or-no rule. The Marchman Act is Florida’s law on involuntary treatment for substance abuse impairment.

This page is general information, not advice about your situation. Other requirements may apply. The court decides each case based on the evidence and its own discretion.

This page is written by Richard J. Casey III, Esq., of Robinson & Casey. The firm limits its practice to Marchman Act petitions and guardianship matters.

What the Marchman Act Is and What Chapter 397 Covers

The Marchman Act is the Florida law that addresses involuntary assessment and treatment for people impaired by substance abuse. The Florida Department of Children and Families Marchman Act overview explains that the law allows voluntary admission. It also allows involuntary assessment, stabilization, and treatment for adults and youth who are severely impaired by substance abuse.

The statute’s criteria matter. Under § 397.675, a person may meet the criteria for involuntary admission if there is 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 also have lost the power of self-control with respect to substance abuse.

The statute lists further criteria beyond these. This summary doesn’t cover them all, so read the full section before drawing conclusions about your facts.

Three Location Questions: Residence, Physical Location, and the Petitioner

As a venue provision, section 397.681, Florida Statutes, states that petitions “must be filed with the clerk of the court in the county where the person is located.” This topic involves three separate questions, so it helps to address each one on its own.

Where the family member lives. The filing sentence in § 397.681 does not use the word “residence.” It says petitions “must be filed with the clerk of the court in the county where the person is located.” A home address may matter to the facts. How it applies is for the court to decide.

Filing location and fees. Fla. Stat. § 397.681 provides that petitions “must be filed with the clerk of the court in the county where the person is located,” and that the clerk “may not charge a fee for the filing of a petition under this section.” Dates and locations are the facts to pin down.

Where the petitioner is. Under § 397.68112, the statute identifies who may file a petition for an adult respondent, including a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment. Other requirements may apply, and the court decides based on its discretion and the circumstances of the case. That section does not address where the petitioner must live. Don’t assume it does.

When the Family Member Is Traveling, Hospitalized, or in a Facility Outside Florida

A relative in another state raises a threshold question. The filing rule refers to “the county where the person is located.” Whether a Florida court may act when that person is out of state is a question for the court and for other applicable law.

Moved to another state. The family member may now be located outside Florida. Whether a Florida petition can be filed depends on the statute, the facts, and the court’s decision.

Traveling. A relative passing through Florida is physically located here for a time. How long, and where, are facts the court may consider, in its discretion.

In a facility outside Florida. Treatment or a hospital stay in another state can change where the person is located. Other states have their own laws and courts. A matter like this may need review under those laws.

Splitting time between states. Where the person is located when a petition is filed may be the key fact. Write down dates and places as best you can.

Some matters fall outside this practice or outside Florida. Those matters may need to be referred to another lawyer or firm. If that applies to your situation, we will say so openly.

What Information to Gather Before Speaking With a Lawyer

Gathering facts about where the person has been and who you are to them helps organize a conversation. These facts do not decide the case.

The statute lists what a petition must contain. Under § 397.68141, a petition must include, among other items, the respondent’s name, the petitioner’s name, the relationship between them, the respondent’s attorney if known, and the factual allegations. Other requirements also apply, so the statute should be reviewed in full. The same section says a petition “may be accompanied” by a qualified professional’s report.

Consider gathering these items:

• Known addresses for the family member, with approximate dates.
• The person’s current location, including any facility name and county, if known.
• Your relationship to the family member.
• Any assessment or treatment records you have access to.
• Any court papers you have received.

Gathering these facts does not secure any result. The court decides based on the evidence presented, and it can decide differently from case to case.

Other Requirements, Limits, and What No One Can Promise

No one can promise how a court will rule. Hiring a lawyer does not decide how a case ends.

Under § 397.681, a respondent “has the right to counsel at every stage of a judicial proceeding.” The respondent may waive that right under conditions the statute sets out.

Emergency procedures work differently. Under § 397.6818, the court may rely on the petition’s contents and, without appointing an attorney, enter an ex parte order when emergency circumstances exist, as the court determines.

If the court finds the conditions proved by clear and convincing evidence, § 397.697 says the court “may” order involuntary treatment services for a period not to exceed 90 days. Whether it does so is for the court to decide.

Court petitions and related records are confidential under § 397.6760. That section lists who may receive them.

Other states’ laws may apply to matters outside Florida. Other requirements not covered here may also apply.

Talk Through Your Situation at a Free Consultation

If your family member lives, travels, or stays outside Florida, you can talk through the facts before deciding anything.

Can a Marchman Act petition be filed if my family member lives out of state?

It depends on where the person is located and on the court’s decision. The statute refers to “the county where the person is located.”

Who may file a Marchman Act petition for an adult?

Under § 397.68112, the statute lists a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge as persons who may file. Other requirements may apply, and the court decides whether a petition meets them.

Does the respondent get a lawyer?

The statute says a respondent has a right to counsel at every stage of the proceeding. That right can be waived under the conditions the statute sets out.

If your relative is living, traveling, or staying outside Florida, and you’re unsure whether a Florida petition could apply, talk with Richard J. Casey III, Esq. The first consultation is free, confidential, and has no obligation to continue. Call (561) 849-4149 or reach out through our contact page.