Marchman Act Attorney for Parents in Miami-Dade

If your adult child refuses treatment after an overdose in Florida, you may feel you have run out of options. A parent can ask a Florida court for help under the Marchman Act, a law found in Chapter 397 of the Florida Statutes. This page explains how that process works and what a Marchman Act attorney can handle for your family.

Where You Are Right Now: An Overdose, a Refusal, and No Clear Way Forward

If your adult child has come home after an overdose and still says no to treatment, you are probably worn out. You may have paid for programs, tried interventions, and set firm limits, and the crisis keeps coming back.

The fears are specific. You may worry your child will overdose again or die, be arrested, lose housing, or stop believing recovery is possible. Those fears are reasonable, and this page does not brush them aside.

Florida law does not force treatment on every adult who uses drugs. It does give a court a path for an adult who meets a legal test. This page is general information, not legal advice about your situation.

What the Marchman Act Is and Who Can File for an Adult Child

A parent can file a Marchman Act petition for an adult child, because the statute allows any relative to file. For an adult, Fla. Stat. § 397.68112 lists who may petition, including a spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the impairment and of the prior course of assessment and treatment.

The court asks several core questions. Under Fla. Stat. § 397.675, there must be good faith reason to believe the person is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder. Because of this, the person must have lost the power of self-control. The person must also either (1) need substance abuse services and, because of the impairment, have judgment so impaired that he or she cannot appreciate that need and cannot make a rational decision about it, or (2) without care be likely to suffer from neglect or refuse to care for himself or herself, in a way that poses a real and present threat of substantial harm to his or her well-being, which does not appear avoidable through willing, able, and responsible family members, friends, or other services. Alternatively, there must be a substantial likelihood that the person has inflicted, threatened or attempted to inflict, or is likely to inflict physical harm on himself, herself, or another. A refusal alone is not enough, because mere refusal to receive services does not by itself show a lack of judgment.

What to Do Right After an Overdose When Your Child Refuses Treatment

Call 911 first if your child is not breathing or is in immediate danger. A court petition is not an emergency response.

Then start a written record. A petition must name each person, state your relationship, and give the facts behind your concern (Fla. Stat. § 397.68141). Gather these items:

• Dates and details of each overdose, hospital visit, arrest, or missed contact
• Each treatment tried, where, when, and how it ended
• Names of doctors, hospital staff, or counselors, plus any written reports
• Texts, voicemails, or letters that show what your child said about treatment

A petition may include an assessment by a qualified professional from within 30 days. If your child was not assessed, the petition must say so.

Your facts must be accurate. Under Fla. Stat. § 92.525, a written declaration says: “Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true.” Knowingly making a false declaration is a felony of the third degree. Under Fla. Stat. § 92.525, if a law, a rule of an administrative agency, or a rule or order of court requires that a document be verified by a person, the verification may be made by signing a written declaration. That declaration reads: “Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true,” followed by the signature of the person making the declaration, except when a verification on information or belief is permitted by law, in which case the words “to the best of my knowledge and belief” may be added (Fla. Stat. § 92.525).

How the Marchman Act Process Works, Step by Step

A Marchman case moves from a sworn petition to a hearing, then to a court order with a set time limit. Timelines vary, so confirm your facts in a consultation. You can also read about Marchman Act help after an overdose.

1. File in the right county. The petition goes to the clerk of the court where your child is located, and the clerk may not charge a filing fee (Fla. Stat. § 397.681). A Florida appeals court held that filing in the wrong county did not take away the court’s jurisdiction (J.P. v. J.N.).
2. Counsel and a hearing date. The court decides whether your child has a lawyer or should be appointed one. It must schedule a hearing within 10 court working days unless a continuance is granted (Fla. Stat. § 397.68151).
3. Emergency order, if needed. When emergency circumstances exist, the court may enter an assessment and stabilization order based on the petition (Fla. Stat. § 397.6818). A provider generally may not hold the person for more than 72 hours of observation unless specific conditions apply.
4. The hearing. Your child must generally attend unless the court finds a knowing, intelligent, and voluntary waiver, or, after receiving proof of service and evaluating the circumstances, finds that attending is inconsistent with the child’s best interests or is likely to be injurious to self or others. The court hears relevant evidence, including testimony from family members who know the history. Testimony is taken under oath (Fla. Stat. § 397.6957).
5. The order and its limits. If the court finds the conditions proven by clear and convincing evidence, it may order treatment for no more than 90 days (Fla. Stat. § 397.697). Renewal requires a petition for renewal filed with the court before the court-ordered services period ends. The service provider may file it, or the person who filed the original petition may, if the petition is accompanied by supporting documentation from the service provider (Fla. Stat. § 397.6975).

What a Marchman Act Attorney Handles for Your Family

A Marchman Act attorney helps your family organize the facts, prepare the petition, and follow each step of the court process. The work usually includes:

• Reviewing your facts and documents with you
• Drafting the petition with the factual allegations the statute requires
• Tracking notices, hearing dates, and court orders
• Preparing you to testify and organizing a clear timeline of events
• Explaining each stage in plain language

Your child also has rights. A respondent has the right to counsel at every stage, which the respondent may waive if present and the court finds the waiver knowing, intelligent, and voluntary, and one who cannot afford private counsel may receive appointed counsel (Fla. Stat. § 397.681). A Florida appeals court has also found that due process makes that right constitutional (Hillsborough County v. Albrechta). If the court appoints a lawyer for your child, that lawyer represents your child, not you. If a matter may need another lawyer or firm, we will tell you so.

Why Robinson Casey Focuses on This Work

Robinson Casey focuses exclusively on Marchman Act petitions and guardianship matters for families in South Florida, including Miami-Dade County, and across Florida.

Richard J. Casey III, Esq. is the responsible lawyer for this page. Our team, which includes support staff, helps with scheduling and organizing documents so families can focus on the decisions in front of them.

The firm’s work also includes emergency temporary guardianship and involuntary commitment for addiction. If your facts point toward one of those tools, we will explain the difference in plain terms during your consultation.

Questions Parents Ask Before Deciding on a Petition

Most parents ask about arrest, the hearing, and what a court can order. Here are direct answers.

Will my child be arrested? The statute allows a court to direct a law enforcement officer to take the person into custody and deliver him or her for evaluation (Fla. Stat. § 397.6818).

If the person does not appear, and the court reasonably believes the person meets this chapter’s commitment criteria and that a substance abuse emergency exists, the court may still issue or reissue an assessment order valid for 90 days.

Can anyone promise that treatment will work? No one can promise how a court will rule. The judge decides after hearing the evidence.

Does filing mean I lose my child? A petition asks the court to address treatment for substance use. Any treatment order lasts a limited time, and early release is possible when the criteria no longer apply (Fla. Stat. § 397.6971).

Who pays for treatment? The court may order treatment from a publicly funded provider. It may order a privately funded provider if the respondent has the ability to pay, or if someone on the respondent’s behalf voluntarily shows a willingness and an ability to pay (Fla. Stat. § 397.697).

Talk With a Marchman Act Attorney About Your Situation

If your adult child refuses treatment after an overdose, you don’t have to sort out the next step alone. Start with a conversation about your facts. Call (561) 849-4149 or request a consultation. The first consultation is free, confidential, and carries no obligation to continue.