Getting Help for a Homeless Adult Who Uses Drugs

Can You File a Marchman Act for a Homeless Adult Who Uses Drugs in Florida?

Yes. A homeless adult can be the subject of a Marchman Act petition in Florida if the legal criteria are met.

The Marchman Act focuses on substance use impairment and the harm it causes or risks causing. Under Fla. Stat. § 397.675, a person may meet the criteria for involuntary admission when there is good faith reason to believe they are substance abuse impaired. The person must also have lost the power of self-control about substance use.

Lack of shelter, exposure to weather, untreated illness, and an inability to meet basic needs can all show a real risk of harm.

Whether a particular adult qualifies depends on the facts. A judge makes that decision after a hearing.

What the Marchman Act Is and Who Can File

A spouse, legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the impairment and of the adult’s prior course of assessment and treatment can file a petition for an adult. This list comes from Fla. Stat. § 397.68112: a spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment.

It sets up a court process. The process can start with a petition, and that petition is what opens the court case.

The petition goes to the clerk of the court in the county where the adult is located. The clerk may not charge a fee to file it, under Fla. Stat. § 397.681. In Miami-Dade County, the Miami-Dade Clerk directs adult requests for involuntary alcohol or drug treatment to the Clerk’s Office Probate Court.

A petition is not the same as an emergency pickup. Law enforcement can take a person into protective custody.

What a Court Looks for Before Ordering Treatment

Under Fla. Stat. § 397.6957, the petitioner has the burden of proving by clear and convincing evidence that the criteria for involuntary treatment services are met. The petitioner has to support each one with facts.

The statute gives two routes for the second element. Under the first, the adult’s refusal to voluntarily receive care is based on judgment so impaired by substance abuse that the adult cannot appreciate the need for care or make a rational decision about it. Under the second, because of such impairment the adult is unlikely to voluntarily participate in the recommended services or is unable to determine whether services are necessary, and without services the adult is likely to neglect themselves. That neglect must pose a real and present threat of substantial harm, and there must be a substantial likelihood that without services the adult will cause serious bodily harm to himself, herself, or another in the near future, as evidenced by recent behavior. The adult may also meet the criteria if there is a substantial likelihood that they have inflicted, or threatened or attempted to inflict, or, unless admitted, are likely to inflict, physical harm on themselves or another, per Fla. Stat. § 397.675.

Families often point to warning signs such as repeated overdoses, untreated wounds or infections, unsafe behavior near traffic or water, confusion, and threats to self or others. These signs are examples of facts to record. They are not a checklist the court uses.

Refusal of help matters, but it is not enough alone. The statute says that mere refusal to receive services is not, by itself, evidence of lack of judgment. 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.”

A petition must state the facts behind the petitioner’s belief. It may include a report from a qualified professional who examined the adult within 30 days before filing. If the adult was never assessed, or refused, the petition must say so (Fla. Stat. § 397.68141).

Useful documentation includes dates, places, and what you saw. Write down witness names, hospital or emergency records, police or outreach contacts, and past efforts to get help.

How a Marchman Act Case Moves Through Court

A case starts when a petition is filed in the right county. The court then sets a hearing. These are the main steps.

1. Confirm location. Under Fla. Stat. § 397.681, 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 Fla. Stat. § 397.681(1), involuntary treatment petitions must be filed with the clerk of the court in the county where the person is located.
2. File the petition. It must contain the required facts and is filed with the clerk.
3. Counsel and hearing date. The court decides whether the adult has a lawyer or needs one appointed. It must schedule a hearing within 10 court working days unless a continuance is granted (Fla. Stat. § 397.68151).
4. Notice and service. The adult receives the petition and hearing notice. A summons goes to law enforcement for service within 6 hours after it is issued, unless the chief judge authorizes disinterested private process servers.
5. Emergency track. In an emergency, the court may rely on the petition alone and enter an ex parte assessment and stabilization order (Fla. Stat. § 397.6818). A provider may hold the adult for no more than 72 hours of observation, unless a listed exception applies. Under Fla. Stat. § 397.6818(1), when emergency circumstances exist, the court may rely solely on the contents of the petition and, without the appointment of an attorney, enter an ex parte order for the respondent’s involuntary assessment and stabilization.
6. Hearing. The adult must be present unless the court finds a knowing, intelligent, and voluntary waiver, or, upon receiving proof of service and evaluating the circumstances, finds that presence is inconsistent with the adult’s best interests or is likely to be injurious to self or others.
7. Order. If the court finds the conditions proved by clear and convincing evidence, it may order treatment for up to 90 days (Fla. Stat. § 397.697).

What Rights the Adult Keeps During the Case

The adult has the right to counsel at every stage of the case. A respondent who can’t afford a lawyer can have one appointed (Fla. Stat. § 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.

At any time before the end of the 90-day involuntary treatment services period, or before the end of any extension granted under s. 397.6975, a person receiving involuntary treatment services may be found eligible for discharge on any of several listed grounds. These include that the person no longer meets the criteria for involuntary admission and has given informed consent to transfer to voluntary treatment status. They also include that a person admitted on the grounds of likelihood of inflicting physical harm on themselves or others no longer presents that likelihood (Fla. Stat. § 397.6971).

Why Families Bring These Cases to Robinson Casey

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

Richard J. Casey III, Esq. is the responsible attorney for this page. The firm’s guardianship work includes emergency temporary, plenary, limited, and mental health guardianship. It also handles involuntary commitment for addiction.

Our team can help you think through which facts and records to gather before a first conversation. No outcome can be promised in any of these matters.

Frequently Asked Questions About Marchman Act Petitions for Homeless Adults

Talk With Robinson Casey About Your Loved One’s Situation

If your family member is sleeping outdoors, using drugs, and turning down help, you may feel stuck. You can talk through the facts with Robinson Casey before you decide anything. The first consultation is free, confidential, and carries no obligation to continue. Call (561) 849-4149 or request a consultation at robinsoncasey.com/contact.