Marchman Act Petition Florida: Adult Son Refuses Treatment

You’ve paid for treatment, tried interventions and held firm on boundaries. Your adult son still keeps getting worse, and each crisis leaves you wondering what else can be done.

Yes, Florida law gives a parent a court route. The Marchman Act lets a relative ask a judge for assessment and, if the court finds it necessary, involuntary treatment. This guide explains how that works.

When Your Adult Son Refuses Help and the Crisis Keeps Coming Back

A Marchman Act petition is a request to a Florida court when an adult with substance use impairment won’t accept treatment on his own.

The cycle is familiar: a frightening night, a short hospital stay, a discharge, then another overdose or a week of silence. Many parents in your position fear the next call will bring the worst news, or that their son will end up in jail or homeless.

Those fears are why the law gives families a legal option. For a broader view of the process, see this Marchman Act family guide.

What the Marchman Act Is and Who Can File

For an adult, Florida law lets a relative file a petition for involuntary treatment.

The Marchman Act sits in Chapter 397 of the Florida Statutes and covers substance abuse treatment.

Under § 397.68112, when the respondent is an adult, a 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 past treatment. The “respondent” is the person the petition is about, which is your son in this case.

The petition is a court filing. It starts a case that a judge must hear, so the family cannot finish it alone.

What a Judge Looks For in a Marchman Act Petition

• He cannot appreciate his need for services or make a rational decision about them.
• The petition must explain why you believe he is substance abuse impaired, has lost self-control over his substance use because of it, and either has inflicted or is likely to inflict physical harm on himself or others unless the court orders services, or refuses care because his judgment is so impaired he cannot appreciate his need for it.
• The person has inflicted, or is likely to inflict, physical harm on himself or herself or others unless the court orders the involuntary services.

Refusal alone is not enough.

It must give the reason behind each belief (§ 397.68141).

Judges weigh dates and events more than general worry. Useful records include overdoses, emergency visits, arrests, lost housing or work, and treatment offers he turned down. A report from a qualified professional who examined him within 30 days may accompany the petition. If he was not assessed, the petition must say so. Whether a petition fits your family depends on the facts.

How to Start a Marchman Act Petition, Step by Step

To start one, gather records, confirm where your son is, draft the petition, file it with the clerk, and plan for service.

1. Build a timeline. List every overdose, hospital visit, arrest, treatment attempt and refusal, with dates and the names of the facilities involved.
2. Confirm his location. Petitions go to the clerk in the county where the person is located (§ 397.681). In J.P. v. J.N., the Fifth District held that filing in the wrong county is a venue defect, not a loss of jurisdiction, and the remedy is transfer. Filing where the family lives is a common mistake.
3. Draft the petition. Include the required contents. If he is in immediate danger, the petition must describe the emergency and request an ex parte assessment and stabilization order (§ 397.68141).
4. File without a clerk’s fee. The clerk may not charge a fee for filing the petition (§ 397.681).
5. Plan for service. The court must set a hearing within 10 court working days unless it continues the case. Under Fla. Stat. § 397.68151(2), “[t]he court shall schedule a hearing to be held on the petition within 10 court working days unless a continuance is granted.” Under Fla. Stat. § 397.68151(3), the clerk must electronically submit the summons to a law enforcement agency to effect service within 6 hours after it is issued, unless a circuit court’s chief judge authorizes disinterested private process servers to serve parties under this chapter (§ 397.68151).
6. Prepare for the hearing. Organize records, a short timeline and the people who can speak to his history.

What Happens After a Marchman Act Petition Is Filed

After filing, a hearing is set, your son must be served, and a judge decides whether the conditions for treatment are proved by clear and convincing evidence.

• He can have a lawyer. A respondent has the right to counsel at every stage, though the respondent may waive that right if present and the court finds the waiver is knowing, intelligent, and voluntary. A respondent who cannot afford a lawyer can receive court-appointed counsel (§ 397.681).
• An order can run 90 days. If the court finds the conditions proved, it may order treatment for a period not to exceed 90 days. The court keeps jurisdiction to monitor compliance (§ 397.697).
• Discharge needs a plan. Discharge planning must address follow-up appointments, how to get medications, living arrangements, transportation and recovery support. Treatment ends automatically at 90 days unless a renewal motion is filed (§ 397.6977).
• In J.C. v. State, the Fifth District found that the court failed to follow the applicable statute by essentially functioning as the absent petitioner. In C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare, the Fifth District found that the trial court failed to follow the governing statute when, in the absence of the petitioner, it called and questioned the health care professional who executed the involuntary services certificate.

What Robinson Casey Handles for Families

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters for families in South Florida, including Miami-Dade, and across Florida.

For a Marchman Act case, the firm reviews your family’s records and goals, drafts and files the petition, represents the petitioner at hearings, and explains each stage in plain terms.

The firm also handles guardianship matters, including emergency temporary, plenary, limited and mental health guardianship. Guardianship is a separate court process from a Marchman Act petition, and a consultation can show which path fits your family.

Richard J. Casey III, Esq. is the lawyer responsible for this page. The firm’s assistants and office staff help keep records and communication organized.

Common Questions Parents Ask Before Filing

Yes, a parent can file a petition for an adult child, because a relative may file under Florida law.

Can I file if my son does not want help? Yes. A relative may file, but refusal alone does not prove lack of judgment, so the facts carry the case.

Do I need a lawyer to file? A relative may file on their own. A Marchman Act attorney can draft the petition, organize the evidence and represent you at hearings.

How long does the process take? The hearing must be set within 10 court working days unless it is continued. A treatment order can last up to 90 days.

What does a consultation cost? The first consultation is free, confidential and carries no obligation to continue.

Talk Through Your Son’s Situation With Robinson Casey

If an overdose, relapse or disappearance has pushed you to look for a legal path, you don’t have to work out the court steps alone.

Bring your timeline of overdoses, hospital visits, arrests and refusals. Robinson Casey can help you see whether a Marchman Act petition fits your family and what the next steps would look like. No firm can promise how a judge will rule.

Contact Robinson Casey to talk through your son’s situation or call (561) 849-4149.