Marchman Act Help for Parents With an Adult Child in Jail

Your Adult Child Is in Jail, and You Are Looking for a Legal Path Forward

A Florida court can order an adult child into assessment and treatment for substance use, and a parent can ask for that order even when the child is in jail. The law that allows this is the Marchman Act.

You have likely spent years on this. You have paid for treatment, tried interventions, and held firm on boundaries. Then an overdose, a relapse, or an arrest pushed you to look for another way.

Many parents in your position are afraid. They fear an overdose or a death. They fear their child will be locked up or left with nowhere to live. Some have started to lose hope that anything will work.

This page explains how the Marchman Act works when your adult child is in jail. It is general information, not legal advice about your family’s facts. Read it to understand your options before you decide anything.

What the Marchman Act Is and Who Can File

The Marchman Act is Florida’s civil process for court-ordered assessment, stabilization, and treatment of adults and youth who are severely impaired by substance abuse. The Florida Department of Children and Families describes it this way.

Under § 397.68112, Florida Statutes, a petition for an adult may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s substance abuse impairment and prior course of assessment and treatment. A parent is a relative, so a parent falls within that list.

The petition asks a judge to order an assessment. If the statutory findings are met, it can lead to a treatment order. The petition goes to a court. It runs separately from any criminal case, so ask your attorney how the two fit together for your child.

Requirements, Duration, and How the Marchman Act Compares to the Baker Act

In an emergency, the court may rely solely on the contents of the petition and, without the appointment of an attorney, enter an ex parte order for assessment and stabilization under § 397.6818, Florida Statutes, which must be executed during the period when the hearing on the petition for treatment is pending.

The criteria start with a good-faith reason to believe the person is substance abuse impaired. The person must have lost the power of self-control with respect to substance use. Then one more condition must be met. The person’s judgment is so impaired by substance use that they are incapable of appreciating their need for services and of making a rational decision about them; or, without care or treatment, they are likely to suffer from neglect or refuse to care for themselves, that neglect or refusal poses a real and present threat of substantial harm to their well-being, and it is not apparent that the 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 a substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on themselves or another. § 397.675, Florida Statutes sets out these criteria.

The conditions must be proved by clear and convincing evidence. § 397.697, Florida Statutes allows an order for up to 90 days. If the conditions are expected to continue after 90 days of treatment, a renewal of the involuntary services order may be requested under § 397.6975, Florida Statutes before that period ends. § 397.6975, Florida Statutes allows an extension of up to another 90 days. Without a renewal, the person is discharged at the end of the period under § 397.6977, Florida Statutes.

Early release is also possible. § 397.6971, Florida Statutes lists the grounds, such as when a person no longer meets the admission criteria and consents to voluntary treatment.

The Baker Act is Florida’s law for mental health crises. The Marchman Act covers substance use. An addiction case usually points to the Marchman Act, but the facts decide which statute fits. A consultation can review that question.

How a Jail Stay Changes the Petition Process

A petition goes to the clerk of the court in the county where your child is physically located. If your child is held in a county jail, that county is the filing county. § 397.681, Florida Statutes also says the clerk may not charge a fee to file the petition.

Location matters. However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction, as J.P. v. J.N. states. Even so, the right county is the goal, so confirm it at the start.

In Miami-Dade County, the Miami-Dade Clerk mental health court page directs adult cases to the Probate Court.

Under § 397.681, a respondent has the right to counsel at every stage, which the respondent may waive if present and the court finds the waiver is made knowingly, intelligently, and voluntarily. A respondent who wants counsel and is unable to afford private counsel has the right to court-appointed counsel under § 397.681.

Share the custody details with your attorney from the first call. That includes the facility name, booking and release dates, and any holds. Treat the jail stay as a fact to raise with the court, not a reason to wait.

How the Process Unfolds, Step by Step

A Marchman case moves from petition to hearing to court order, and each stage has its own deadline. Timelines vary by county, court calendar, and facts.

1. Consultation. You describe your child’s history, the jail situation, and what has already been tried.
2. Evidence. You gather the records and observations that support the petition.
3. Petition. The petition names the parties, their relationship, and the facts showing a need for services. § 397.68141, Florida Statutes lists these items, along with the name of the respondent’s attorney, if known. It may include a professional’s report from within 30 days before filing.
4. Emergency relief, if needed. If there is an emergency, the petition must also describe the respondent’s exigent circumstances and include a request for an ex parte assessment and stabilization order. § 397.6818, Florida Statutes limits observation to 72 hours, with listed exceptions. In D.H. v. K.J.R., the court held that the petition did not establish a good faith reason to believe D.H. met the statutory criteria for involuntary assessment and stabilization, so the trial court erred in entering the ex parte order.
5. Hearing. The court sets a hearing within 10 court working days unless a continuance is granted (§ 397.68151, Florida Statutes). A clinical assessment must come before any treatment order, unless the respondent waives it in court (§ 397.6957, Florida Statutes).
6. Order and review. If the conditions are proved, the court may order up to 90 days of treatment. The court keeps jurisdiction to monitor compliance.

The court makes the final decision after its process. No one can promise how a given case will end.

What a Court Looks At and the Evidence Families Gather

Under § 397.6957, the court hears all relevant evidence, including testimony from family members familiar with the person’s history. The judge may also order drug tests.

Useful evidence usually includes:

• Emergency room, overdose, or hospital records
• Prior treatment and assessment records
• Arrest and incident reports
• A written timeline of events over months and years
• Dated, first-hand notes on what you saw and when

Specific notes beat broad summaries. A note that says “he was missing three days and came back confused” carries more weight than “he is always using.”

Testimony is taken under oath, and the proceedings are recorded. The respondent may refuse to testify. Start gathering records early, because pulling hospital and court files takes time.

What a Marchman Act Attorney Handles for Parents

A Marchman Act attorney reviews your facts against Chapter 397, prepares the petition, and explains each step in plain language. The work goes beyond paperwork. Good counsel helps you know what happens next and why.

Typical work includes:

• Reviewing your facts against the statutory criteria
• Preparing and filing the petition in the correct Florida court
• Handling notice and communicating with the court for your side
• Explaining each hearing and order so you know what is happening
• Preparing your evidence and your testimony

The adult child has rights too. Your attorney should explain how the right to counsel works in your county.

Robinson Casey focuses exclusively 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. Our team supports case administration for each file.

Common Questions Parents Ask

Why Families Work With Robinson Casey, and Your Next Step

Robinson Casey focuses exclusively on Marchman Act petitions and guardianship matters for families in South Florida and statewide. That narrow focus is the main reason to bring your family’s facts to this firm.

Your first consultation is free, confidential, and carries no obligation to continue. No result can be promised, and past outcomes do not predict any individual case.

If your adult child is in jail after an overdose or relapse, you do not have to work out the court process alone. Call (561) 849-4700 or request a consultation to talk through your options.