Worried About an Adult Child? Learn How Florida's Involuntary Treatment Process Works

Yes. In Florida, a parent may ask a court to consider a petition for an adult child who is substance-impaired and refuses help. That request falls under the Marchman Act, and the court decides whether the legal criteria are met.

Robinson Casey is a Florida law firm that limits its practice to Marchman Act petitions and guardianship matters.

Can a Parent Ask a Florida Court for Involuntary Treatment for an Adult Child?

Under § 397.68112, a petition for an adult may be filed by a spouse or legal guardian or by any relative. The statute also sets conditions for other filers, including an adult with direct personal knowledge of the respondent’s impairment and the respondent’s prior course of assessment and treatment. Other requirements also apply, and the court decides whether a petition meets the statute’s conditions. Other requirements may apply, and the court decides.

The Marchman Act is Florida’s law on substance abuse impairment.

Involuntary treatment is a court process. It differs from a family’s private decision to seek help. Under § 397.601, a person who wants treatment may apply to a service provider for voluntary admission.

The typical situation looks like this. An adult child’s substance use affects safety or health, and the adult turns down help. A petition asks a court to review that situation under the statute’s criteria.

What Does the Statute Require, and Who Can File?

The core criteria appear in Fla. Stat. § 397.675. The statute says a person may meet the criteria for involuntary admission if there is 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 impairment must cause the person to lose the power of self-control with respect to substance abuse.

The statute then lists more findings. One path covers impaired judgment that leaves the person unable to appreciate the need for services or make a rational decision about them. Another path covers neglect or refusal of care that poses a real and present threat of substantial harm. The statute also says that mere refusal to receive services is not, by itself, evidence of lack of judgment.

This summary is not complete. The statute lists all required findings, so read the full text before deciding.

A petition must state the respondent’s name, the petitioner’s name, the relationship between them, and the factual reasons for the petition. That requirement comes from § 397.68141. A petition may include a report from a qualified professional who examined the person within 30 days before filing. If there was no assessment, or the person refused one, the petition must say so.

Meeting these descriptions does not mean an order will issue. The court decides based on the evidence and its discretion.

What Does Legal Help Cover in a Marchman Act Matter?

Legal help matters most where filing rules and court procedure apply. Robinson Casey can help with the following:

• Reviewing your facts and records, including prior treatment attempts, during the initial consultation.
• Preparing the petition with the contents the statute lists.
• Filing the petition. It goes to the clerk of court in the county where the person is located. The clerk may not charge a filing fee, under § 397.681. Other costs may apply.
• Explaining notice and service of the petition and hearing notice, as § 397.68151 describes.
• Preparing you for the hearing. Testimony is taken under oath and recorded. The court hears evidence, including testimony from family members familiar with the person’s history, under § 397.6957.
• Explaining possible orders. If the court finds the conditions proved by clear and convincing evidence, it may order treatment for a period not to exceed 90 days, under § 397.697. The court may also decline to enter an order.

We cannot promise any result.

How Does the Process Work, Step by Step?

The process moves from consultation to petition to hearing. Each step depends on the facts and on the court’s schedule.

Step 1: Initial consultation. You describe the situation. The first consultation is free, confidential, and carries no obligation to continue.

Step 2: Gather information. Collect details on substance use, prior treatment, incidents, and any assessment. Note what is documented and what is not.

Step 3: Prepare and file. The petition goes to the clerk of court. Any missing assessment must be noted in the petition.

Court review and scheduling. Under § 397.68151, upon the filing of a petition for involuntary services for a substance abuse impaired person with the clerk of the court, the court shall immediately determine whether the respondent is represented by an attorney or whether the appointment of counsel for the respondent is appropriate. The statute says the court shall schedule a hearing within 10 court working days unless a continuance is granted. Actual timing depends on the court’s calendar and discretion.

Hearing. Under § 397.6957, the court may also order drug tests. It may enter an order, or it may decline to, based on the evidence.

Timing and outcome depend on the court’s schedule and discretion. Each case differs.

Why Parents Work With Robinson Casey

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. That focus keeps the firm’s work on one narrow area of Florida law.

Richard J. Casey III, Esq. is the responsible lawyer for this page. Our team includes assistants and office staff who help with scheduling and documents.

The first consultation is free, confidential, and carries no obligation to continue. You can talk through your situation before you decide anything.

We do not promise results, and we cannot predict how a court will rule.

Common Questions Parents Ask Before Filing

The questions below cover the main points parents ask about the process.

Talk With Richard J. Casey III About Your Adult Child’s Situation

If you are deciding whether to ask a Florida court to consider a Marchman Act petition for an adult child who refuses help, you don’t have to decide alone. Call (561) 849-4149 or send a message through our contact page to set up a free, confidential initial consultation with no obligation to continue.