Marchman Act Help for Families Living Out of State

A Marchman Act petition is filed in the Florida county where the person is located, not where the family lives. This guide explains how that works for families who are far from the person in crisis.

What the Marchman Act Is and Who It Helps

The Marchman Act is Florida’s civil court process for people whose substance use has left them unable to get help on their own.

For an adult, a petition may be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and treatment history. Fla. Stat. § 397.68112

Families usually reach this step after other efforts have not worked. Those efforts can include firm boundaries, intervention talks, and offers of voluntary treatment. Robinson Casey focuses exclusively on Marchman Act and guardianship matters. The examples here are general information, not legal advice about any one family.

Can a Marchman Act Petition Involve Someone Who Lives Out of State?

Yes. The petition goes to the county where the person is physically located.

Florida law requires filing with the clerk of court in that county. The clerk may not charge a filing fee for the petition. Fla. Stat. § 397.681

Location at filing matters. In J.P. v. J.N., the petition was filed in the county where the person was staying at a detox facility, not at his home.

Out-of-state families should plan for these points:

• Hearing timing. The court must schedule a hearing within 10 court working days unless a continuance is granted. Fla. Stat. § 397.68151
• Remote testimony. Witnesses may testify under oath by audio-video technology. Fla. Stat. § 397.6957
• Petition details. The petition must name both parties, their relationship, and the facts showing why services are needed. Fla. Stat. § 397.68141
• Records and addresses. Gather assessment and treatment records from Florida providers, plus the person’s current address.

What Courts Look for Under the Marchman Act

A court looks for specific facts showing substance abuse impairment and a need for involuntary services. The statute sets the standard the court must apply.

The person must have lost the power of self-control with respect to substance abuse. Fla. Stat. § 397.675

Refusal alone is not enough. The statute says a mere refusal to receive services is not evidence of lack of judgment about the need for them. 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.” Fla. Stat. § 397.675

Specific, dated facts help most. A useful petition explains why the petitioner believes each required element is true, not just general worry. A report from a qualified professional who examined the person within 30 days before filing may be attached. Fla. Stat. § 397.68141

Filing does not decide the case.

The Marchman Act Process, Step by Step

The process moves through filing, notice, a hearing, an assessment, and a court order. Each stage has its own timing.

Step 1: Gather facts and confirm location. Write a dated timeline. Confirm where the person is physically located, because that sets the county.

File with the clerk. A petition for involuntary services must contain the name of the respondent; the name of the petitioner; the relationship between the respondent and the petitioner; the name of the respondent’s attorney, if known; and the factual allegations establishing the need for involuntary services for substance abuse impairment. 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 (Fla. Stat. § 397.68141). Under Fla. Stat. § 397.6818, when the petitioner asserts that emergency circumstances exist, or when the court determines that an emergency exists, 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. In D.H. v. K.J.R., the Second District held the order was erroneous where the petition did not establish that reason.

A copy of the petition and notice of the hearing must be provided to the respondent; the respondent’s parent, guardian, or legal custodian, in the case of a minor; the respondent’s attorney, if known; the petitioner; the respondent’s spouse or guardian, if applicable; and such other persons as the court may direct (Fla. Stat. § 397.68151). The hearing is set within 10 court working days unless it is continued. Under Fla. Stat. § 397.68151(2), the court shall schedule a hearing to be held on the petition within 10 court working days unless a continuance is granted. Fla. Stat. § 397.68151

Assessment. A respondent may not be involuntarily ordered into treatment under this chapter without a clinical assessment being performed (Fla. Stat. § 397.6957). Fla. Stat. § 397.6957 reads: “(b) A respondent may not be involuntarily ordered into treatment under this chapter without a clinical assessment being performed, unless he or she is present in court and expressly waives the assessment.” Fla. Stat. § 397.6957

Court order. When the conditions for involuntary treatment services are proved by clear and convincing evidence, the court may order the respondent to receive involuntary treatment services from a publicly funded licensed service provider for a period not to exceed 90 days, or from a privately funded licensed service provider if the respondent can pay or someone on the respondent’s behalf is willing and able to pay (Fla. Stat. § 397.697). A renewal may be requested before that period ends if the conditions justifying involuntary treatment services are expected to exist after 90 days of treatment services.

Total time depends on continuances, assessments, and the court calendar. The statute still sets the 10-working-day hearing target and the 90-day periods.

Safeguards, Withdrawing a Petition, and What Families Should Expect

The person named in a petition has the right to counsel at every stage of the court case. A respondent who cannot afford private counsel may receive court-appointed counsel. Fla. Stat. § 397.681 provides that 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, and may waive that right only if present and the court finds the waiver is made knowingly, intelligently, and voluntarily. Hillsborough County v. Albrechta

Questions about whether a petition can be dropped are best discussed with an attorney. Fla. Stat. § 397.6957

Family members can also give testimony. The court hears testimony from family members familiar with the person’s history, and testimony is taken under oath. Keep a dated record of events, and respond promptly to requests from the court or attorneys.

Why Families Work with Robinson Casey

Robinson Casey focuses exclusively on Marchman Act petitions and guardianship matters.

Richard J. Casey III, Esq. is the responsible attorney. The practice also handles guardianship matters, including emergency temporary guardianship, plenary guardianship, limited guardianship, and mental health guardianship.

Our team includes assistants and office staff. They help families with intake, document requests, and scheduling. That support matters when family members cannot easily be in Florida.

After the first consultation, the firm can explain the process, the court’s requirements, and the options that may fit your family’s facts. The firm does not promise any outcome, because each matter depends on its own facts and the court’s findings.

Frequently Asked Questions