Marchman Act Petitions, Handled with Care Across Florida Counties

Your Child, Another County, and the Petition You Need

A Marchman Act petition is filed in the county where your adult child is physically located, which may not be the county where you live. That one rule shapes almost every step that follows.

You have probably tried a lot already. Treatment, interventions, and firm boundaries may not have changed much. Then came a recent overdose, relapse, hospital stay, arrest, or disappearance, and you started looking for another way. You shouldn’t have to manage that crisis alone.

Robinson Casey limits its 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 for this page.

If your child is in one county and you are in another, the court path still starts where your child is located. This page explains how these petitions work, where they are filed, and what a first conversation can cover.

What a Marchman Act Petition Is and Who Can File One

A Marchman Act petition is a court filing that asks a judge to order involuntary assessment and, where the law allows, involuntary treatment for an adult with a substance use problem. The process is governed by Florida Statutes chapter 397.

Under Fla. Stat. § 397.68112, 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 impairment and treatment history. A parent is a relative, so a parent can file.

The judge needs more than worry. Under Fla. Stat. § 397.675, there must be a good-faith reason to believe the person is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder, and that because of this the person has lost the power of self-control over substance use. The person must also be unable to see the need for help, or be likely to neglect themselves or to harm themselves or others. Fla. Stat. § 397.675 reads: “(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such 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 substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.”

Refusing treatment alone does not show impaired judgment. Under § 397.675, the person must be incapable of appreciating their need for services and of making a rational decision about them because of substance abuse impairment, though mere refusal of services is not evidence of that. Fla. Stat. § 397.675 reads: “(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such 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 substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.” The petition must set out specific facts supporting this (§ 397.68141).

Why the County Matters: Where a Petition Is Filed

The petition is filed with the clerk of the court in the county where the person is located, under Fla. Stat. § 397.681. The rule points to where the person is, not where the family lives.

County clerks explain this routing on their own sites. The Miami-Dade Clerk mental health court page directs adult petitions to the Clerk’s Office Probate Court. The Lake County Clerk Marchman Act guidance explains that a judge may order law-enforcement transport to an appropriate treatment facility.

Location errors can matter. In J.P. v. J.N., the Fifth District held that a petition filed in the wrong county did not take away the circuit court’s jurisdiction. The court treated the problem as a venue issue. Venue means the right place for the case, not whether any court can hear it.

For a family with a child in one county and parents in another, the consultation can review both locations. The goal is a clear path before anything is filed.

What Our Representation Covers

Our team covers the petition, the emergency steps, and the preparation a family needs for the hearing. Here is what that includes:

• Fact review: the overdose, relapse, hospital visit, arrest, or disappearance that started the search, plus prior treatment and assessments.
• Petition drafting: a petition must name both parties, state their relationship, and set out the facts behind the request (§ 397.68141). It may include an assessment done within 30 days before filing.
• Emergency requests: if there is an emergency, the petition must describe the exigent circumstances and may ask for an ex parte assessment and stabilization order.
• Hearing preparation: testimony is taken under oath, and family members who know the person’s history can testify (§ 397.6957).
• Guardianship matters within the firm’s practice areas, when a family’s situation calls for them.

Your child also has rights. Under § 397.681, the respondent has a right to counsel at every stage, which the respondent may waive only if present and the court finds the waiver is knowing, intelligent, and voluntary.

How the Process Works, Step by Step

The process moves from a first consultation to filing, notice, assessment, and a hearing. Several steps have set time limits.

1. Consultation. Bring a timeline of recent events, where your child is now, and any prior assessments.
2. Eligibility. A person may be the subject of a petition if they reasonably appear to meet the criteria, were under protective custody or an emergency admission within 10 days, or were assessed by a qualified professional within 30 days (§ 397.68111).
3. Filing. The petition goes to the clerk in the county where the person is located.
4. Hearing date. The court must schedule a hearing within 10 court working days unless a continuance is granted (§ 397.68151).
5. A service provider may not hold the person for more than 72 hours of observation unless a statutory exception applies (§ 397.6818).
6. The appellate opinion in J.C. v. State is available for readers who want to review the court’s reasoning. Treatment may last up to 90 days if the conditions are proved by clear and convincing evidence (§ 397.697).

A petition built on specific facts is stronger than one built on general worry. A renewal must be requested before the services period ends (§ 397.6975).

Why Robinson Casey: How the Practice Is Built

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. That keeps the work within one defined area.

The practice areas include:

• Marchman Act attorney services
• Involuntary commitment for addiction
• Guardianship attorney services
• Emergency temporary guardianship
• Plenary and limited guardianship
• Mental health guardianship

Our support staff, including assistants and office staff, help families with communication and scheduling. That support matters when a family is juggling a crisis, work, and court dates.

Florida’s rights statute for people in substance abuse services also matters here. Under Fla. Stat. § 397.501, the dignity of each person served must be respected at all times.

If a matter needs help outside these practice areas, we will tell you. Another lawyer or firm may need to handle it.

Questions Families Ask Before Calling

The first consultation is free, confidential, and carries no obligation to continue.

Next Step: Talk Through Your Family’s Situation

If your child’s latest crisis has you asking whether a Marchman Act petition is the right next step, a conversation is a practical place to start.

You may be weighing a hospital discharge, a recent arrest, or a disappearance. We can review the county, the facts, and the timing with you, so you know what a petition would need.

Reach out through our contact form or call (561) 849-4700 to schedule your free, confidential first consultation. You don’t have to decide everything before you call.