Marchman Act Petitions When Your Loved One Has Moved Out of State

Key Takeaways

When a Marchman Act person moved out of state, the analysis changes. The answer turns on where the person is physically located when a petition is filed, and on what Florida ties remain.

• Location decides the filing county. A petition goes to the clerk in the county where the person is located.
• The petition must state facts. It needs the parties’ names, their relationship, the name of the respondent’s attorney if known, and the factual allegations showing the need for involuntary services for substance abuse impairment.
• Timing matters. Some windows run from recent events, such as an assessment within 30 days.

This page is general information about Florida law, not legal advice on a specific matter.

What the Marchman Act Is and What It Covers

The Marchman Act is Florida’s court process for involuntary assessment and treatment of people whose substance use impairs them. The Florida Department of Children and Families says the law covers adults and youth severely impaired by substance abuse.

A court can act only if the person meets the statutory test. Fla. Stat. § 397.675 requires a good faith reason to believe the person is substance abuse impaired.

The law also sets out who may file, but the cited section, Fla. Stat. § 397.675, sets out the criteria for involuntary admission and does not limit who may file a petition.

The process starts with a petition filed in court. A judge reviews it, and a hearing follows. Our firm limits its practice to Marchman Act and guardianship matters. Families can read more in our involuntary commitment for addiction guide.

Why a Move Out of Florida Changes the Question

When a Marchman Act person moved out of state, the location question comes first. The cited section, Fla. Stat. § 397.675, sets out the criteria for involuntary admission and does not address the county where the petition must be filed.

Florida courts have looked closely at location. In J.P. v. J.N. (Fla. 5th DCA 2017), the petition was filed where the respondent was physically located. That was a detox facility in Volusia County, not Putnam County, where his home was. The court held that the wrong-county filing did not take away the circuit court’s jurisdiction.

However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction.

That case shows why precise facts matter. Before any filing decision, gather three things:

• The person’s current physical location, including the address or facility name.
• Any remaining Florida address, residence, or other tie.
• Where the person was when the family first became worried, with dates.

These location facts are the first thing to review.

What a Marchman Act Petition Needs to Describe

A petition must name the respondent and the petitioner, and state how they are related. It also names the respondent’s attorney, if known. Fla. Stat. § 397.68141 sets out these contents.

The heart of the petition is the factual allegations. They must explain why the petitioner believes the person is substance abuse impaired. They must also explain why the person has lost self-control over substance use.

Finally, the allegations must show one of two things. Either the person has inflicted, or is likely to inflict, physical harm on self or others. Fla. Stat. § 397.68141 reads: “The reason the petitioner believes that the respondent has inflicted or is likely to inflict physical harm on himself or herself or others unless the court orders the involuntary services; or.” Or the refusal of care comes from judgment so impaired that the person is incapable of appreciating his or her need for such services and of making a rational decision in that regard.

Specific facts carry weight. According to the court in D.H. v. K.J.R., because the petition did not state the reason for the petitioner’s belief that D.H. is substance abuse impaired, the trial court erred in entering the ex parte order. Where the petition did not do that, the trial court erred.

Families should write a timeline before filing. Include dates, places, what was observed, and any past offers of treatment. A report from a qualified professional who examined the person within 30 days may accompany the petition. If the person was not assessed, or refused, the petition must say so.

Enforcement, Service, and Questions to Raise Early

In every case that results in an order for involuntary treatment services, the court keeps authority over the case. After an involuntary treatment order, the court keeps jurisdiction over the case and the parties. It can enter further orders, including orders to monitor compliance. Fla. Stat. § 397.697 provides this.

Notice moves on a clock. The court must schedule a hearing within 10 court working days unless a continuance is granted. The clerk must send the summons to law enforcement within 6 hours after it is issued, unless the chief judge has authorized private process servers. Fla. Stat. § 397.68151 sets these steps.

Emergencies move faster. The court may rely solely on the petition and enter an ex parte assessment and stabilization order. It can do this without appointing an attorney. A provider generally may not hold the person more than 72 hours for observation, subject to listed exceptions. Fla. Stat. § 397.6818 covers this.

Raise location and timing questions early. Current facts are easier to document. Ask how notice will reach the person, and how a Florida order would be carried out where the person now lives.

Common Questions About the Marchman Act

Below are short answers to common questions about this law.

Talk With Robinson Casey About Your Loved One’s Situation

A loved one who has moved away can make a Florida court process feel out of reach. That is hard, especially when the decision to act was not yours to make.

If you’re weighing whether a Marchman Act petition can still be filed, bring the last Florida address, the key dates, and your written timeline to a conversation with us. The first consultation is free, confidential, and carries no obligation to continue. You can request a consultation online or call (561) 849-4149.

Responsible lawyer: Richard J. Casey III, Esq. Robinson Casey limits its practice to Marchman Act and guardianship matters, serving families in Miami-Dade, South Florida and statewide.