Facing a Marchman Act Evaluation? Understand Your Options Before You Respond

Short Answer: Does Refusing the Evaluation End the Process?

No. An adult’s refusal to go to an assessment voluntarily does not automatically end a Marchman Act matter in Florida. Under Fla. Stat. § 397.681, the courts have jurisdiction of involuntary treatment petitions for substance abuse impaired persons. So the court decides what happens next, not the adult’s agreement alone. Refusal is one fact in the case, and the result depends on the facts the court hears.

If a parent, spouse, or adult child keeps saying no, you may feel stuck. You’re not alone in that. This page explains how the process works, who can start it, and what the person named in a petition is entitled to.

Understanding the Marchman Act and Who Can Start It

The Marchman Act covers substance abuse impairment. It is separate from the mental health process in Chapter 394, which many people call the Baker Act. Under § 397.68112, an adult’s petition may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior care.

The person named in the petition is called the respondent. Under § 397.681, the petition must be filed with the clerk of the court in the county where the person is located. The clerk cannot charge a filing fee for it.

Location matters. Under Fla. Stat. § 397.681(1), a petition for involuntary treatment for substance abuse impairment must be filed with the clerk of the court in the county where the person is located. Under § 397.681(1), which is headed “JURISDICTION,” the petition must be filed with the clerk of the court in the county where the person is located.

Robinson Casey limits practice to Marchman Act petitions and guardianship matters. The firm serves families in Miami-Dade, across South Florida, and statewide.

Does My Adult Relative Have to Agree to Be Assessed?

No. The adult’s agreement is not the only route to an assessment. Under § 397.6957, a respondent may not be ordered into treatment without a clinical assessment. Fla. Stat. § 397.6957 reads: “(b) A respondent may not be involuntarily ordered into treatment under this chapter without a clinical assessment being performed, unless he or she is present in court and expressly waives the assessment.”

That order is valid for 90 days.

If the person stays unassessed after 90 days, the court must dismiss the case under § 397.6818. In an emergency, the court may rely solely on the contents of the petition to enter an ex parte order under § 397.6818. It can enter an ex parte order without appointing an attorney first, as set out in § 397.6818.

Saying no to the first step does not end the process by itself.

Does Refusing Help Mean My Relative Does Not Qualify?

No, not by itself. Florida law says that mere refusal to receive substance abuse services is not evidence of lack of judgment about the need for them. That rule comes from § 397.675.

The court asks more. The person must have lost the power of self-control with respect to substance use. The person must also meet one of the statute’s further tests. Examples include being unable to appreciate the need for services, or being likely to suffer neglect that poses a real and present threat of substantial harm, together with a substantial likelihood of serious bodily harm to self or others in the near future.

The court weighs evidence. Under § 397.6957, the court hears all relevant evidence. That includes testimony from family members familiar with the person’s history and the assessment results.

A refusal is also recorded. Under § 397.68141, a petition must note if the respondent refused to submit to an evaluation. The refusal becomes a documented fact.

What Rights Does the Person Named in a Petition Have?

The respondent keeps important protections, even when the person says no. A copy of the petition and notice of the hearing must go to the respondent. The court must schedule the hearing within 10 court working days unless a continuance is granted. See § 397.68151.

If the court believes the respondent needs or wants a lawyer, it must appoint one, as stated in § 397.681. Under Fla. Stat. § 397.681(2), a respondent has the right to counsel at every stage of a judicial proceeding relating to a petition for involuntary treatment for substance abuse impairment.

The court must find the conditions proved by clear and convincing evidence before ordering treatment, under § 397.697. Family members do not decide the outcome. The court does.

Can a Family Member Refuse to File or Take Part?

Filing is a choice. Section 397.697 does not say who may file a petition; it covers the court’s order once the conditions for involuntary treatment services are proved by clear and convincing evidence. It does not say a relative must.

A relative who does not file can still matter. Family members who know the person’s history may testify at the hearing. Their role is to give the court information, not to decide the case.

The petitioner carries the burden of proof. In J.C. v. State, the Fifth District reversed an order where the trial court called and examined the only witness while the petitioner was absent. The Fifth District reaffirmed that rule in C.W.R.K..

For the step-by-step path, read our Marchman Act guide.

Frequently Asked Questions

How Robinson Casey Can Help Your Family

Robinson Casey limits practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer, and our team supports the practice’s day-to-day work.

If your adult relative keeps refusing help, you may be trying to read court papers while worried about their safety. You don’t have to work out the next step alone. Call (561) 849-4149 or contact Robinson Casey to schedule a free, confidential first consultation with no obligation to continue.