Prepare for Your Marchman Act Consultation

Preparing for a Marchman Act consultation is easier when you know which facts, dates, and papers matter. This Marchman Act consultation preparation checklist gives you yes/no tests to work through before your first call. Under Fla. Stat. § 397.675, a person meets the criteria for involuntary admission if there is good faith reason to believe that the person is substance abuse impaired or has a substance use disorder and a co-occurring mental health disorder and, because of such impairment or disorder, has lost the power of self-control with respect to substance abuse and meets one of the additional conditions listed in the statute. It is general information, not legal advice, and no result can be promised.

Before You Start: What This Checklist Can and Cannot Do

This checklist is general information. It cannot tell you whether a petition fits your family or how a court will rule. Only a lawyer who reviews your facts can discuss how the law applies to your situation. Reading this page does not create a lawyer-client relationship.

You may be reading this for a parent, spouse, or adult child. That can feel stressful and urgent. Working through the steps one at a time makes the situation easier to explain.

The Florida rules on involuntary treatment for substance abuse appear in Chapter 397. Other requirements may also apply.

To use the checklist, answer each yes/no item, write your notes in plain words, and bring them to your consultation.

Step 1: Check Whether Your Situation Fits the Marchman Act

The Marchman Act covers substance abuse impairment. Start by asking whether alcohol or drugs are the core concern. Fla. Stat. § 397.675 sets out the criteria for involuntary admission, and it lists several conditions. The court decides whether those criteria are met.

• Yes/no: Does your loved one’s drinking or drug use worry you? If yes, write down which substances you know about.
• Yes/no: Has your loved one lost control over their use? The statute uses the phrase “lost the power of self-control with respect to substance abuse.” Note examples you have seen.
• Yes/no: Has your loved one refused help? The statute says a mere refusal is not, by itself, evidence of lack of judgment. Other facts matter too.

What to do: If most answers are yes, move to Step 2. If you are unsure, write your questions for the consultation.

Step 2: Write Down the Specific Incidents and Dates

Courts look at specific events, so write dated facts instead of general worries. A petition must include factual allegations that show why services are needed. Fla. Stat. § 397.68141 lists what a petition must contain, including the reasons the petitioner believes the respondent is impaired.

• Yes/no: Can you list at least three specific events, with approximate dates? Mark any date you are not sure of as approximate.
• Yes/no: Did any event involve an emergency room visit, police contact, an overdose, or missed work or school? Such events may leave records, and those records may be relevant.
• Yes/no: Did you see or hear the event yourself? Separate what you witnessed from what someone told you.

What to do: Create a one-page timeline. Mark each entry you witnessed yourself, and note who told you about the rest.

Step 3: Gather Records and Documents

Gather the records you already have, and keep the originals safe. Some records are confidential. Fla. Stat. § 397.6760 makes petitions, court orders, and related records filed under the part confidential and exempt from public records disclosure. It also lists who may receive them.

Federal law adds another layer for some programs. The federal statute on the confidentiality of substance use disorder patient records provides that records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance use disorder education, prevention, training, treatment, rehabilitation, or research, which is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States shall, except as provided in subsection (e), be confidential and be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b). Whether it applies depends on the program involved.

• Yes/no: Do you have treatment records, discharge papers, or medical notes? Keep them together in one place.
• Yes/no: Do you have prior court papers, police reports, or hospital discharge summaries? The lawyer decides what matters.
• Yes/no: Do you know people who saw the events, such as relatives, roommates, or employers? Write their names and how they know your loved one.

What to do: Put copies in one folder. Do not change, add to, or create documents after the fact.

Step 4: Confirm Your Relationship and Who Else Is Involved

Who may file a petition depends on the statute, so confirm where you fit before you call. For an adult respondent, Fla. Stat. § 397.68112 lists who may file. The list includes a spouse or legal guardian, any relative, a service provider, and an adult with direct personal knowledge of the impairment and prior treatment. Other requirements may apply.

• Yes/no: Do you fit one of those groups? If you are unsure, say so in your notes.
• Yes/no: Do you know your loved one’s current address? Fla. Stat. § 397.681 says petitions must be filed with the clerk of the court in the county where the person is located.
• Yes/no: Does your family agree about seeking help? Disagreement does not end the discussion. Note it so the lawyer knows.

What to do: Write the names, addresses, and roles of everyone involved, so the lawyer can review the list.

Step 5: Consider Your Loved One’s Health and Current Safety

Your loved one’s health and safety shape what the court may consider. Fla. Stat. § 397.6957 says a person may not be ordered into treatment without a clinical assessment, unless the person is present in court and expressly waives it. The same section says the respondent must be told of the right to an independent assessment.

In emergencies, Fla. Stat. § 397.6818 lets the court rely on the petition’s contents and enter an ex parte order without appointing an attorney. That section also says an order not executed by the initial hearing date is deemed void.

• Yes/no: Has your loved one had an assessment, or been offered one? The petition statute says a petition may include a report from a qualified professional who examined the respondent within 30 days before filing.
• Yes/no: Is there an immediate safety concern? If yes, call 911 or your local emergency services now. Do not wait for a consultation.
• Yes/no: Do you know your loved one’s current medications or medical conditions? This information may matter to assessments.

What to do: Note current treatment, medical, and safety details. Mark anything that needs urgent attention.

Step 6: Prepare Your Questions and Goals for the Consultation

Bring written questions and a clear goal. The lawyer can only answer what you ask. Timing depends on the court. Fla. Stat. § 397.68151 says the court shall schedule a hearing within 10 court working days unless a continuance is granted.

• Yes/no: Do you have written questions about the process and timing? Hearing dates depend on the court’s schedule and discretion.
• No outcome can be promised.
• Yes/no: Do you have questions about the respondent’s right to counsel? The statute gives the respondent that right at every stage and allows waiver only under its conditions.
• Yes/no: Do you have cost questions? Our team offers a free, confidential first consultation, with no obligation to continue. Our cost breakdown page covers fees in more detail.

What to do: Bring your timeline, document folder, contact list, and questions to the consultation.

What to Do With Your Results and Next Steps

If most answers are yes, you have the facts ready for a conversation. If several answers are unclear, gather more information first. Either way, your results are a starting point, not a prediction.

Florida courts do not always apply the same rule in every district. Ask how these rules apply where your case would be heard.

This page is general information, not legal advice. It does not promise any result. Other requirements may also apply, and the court decides based on the evidence and its discretion. This page is written under the responsibility of Richard J. Casey III, Esq.

If a loved one’s drinking or drug use has you worried, and you have dates and questions ready, Richard J. Casey III, Esq. can review them with you. Call (561) 849-4149 or use the contact page to request your free, confidential first consultation, with no obligation to continue.