Helping Your Adult Child Get the Care They Need Under the Marchman Act

A Marchman Act petition is a court filing that asks a Florida judge to order assessment and, if the legal standards are met, treatment for an adult with a substance use problem who will not seek help on their own. A parent can file one. This page explains who may file, what the petition must say, how the process moves, and what happens at the hearing.

What a Marchman Act Petition Is and Who It Is For

A Marchman Act petition asks the court to address an adult’s substance abuse impairment when the adult refuses voluntary care. The law is part of Florida Statutes Chapter 397.

For an adult, Fla. Stat. § 397.68112 says who may file. The list includes the adult’s spouse or legal guardian, any relative, a service provider, and an adult with direct personal knowledge of the impairment and the adult’s prior assessment and treatment. A parent is a relative, so a parent may file.

The typical reader has already tried. You may have had hard talks, arranged treatment, or asked your child to get help, and heard a refusal each time. The petition is the next legal step when those efforts have not worked.

A Marchman Act petition is different from a guardianship case. Guardianship is a separate court process that the firm also handles. A Marchman Act petition focuses on substance use treatment.

What the Court Looks For and What Your Petition Should Document

A petition must name the adult, name the petitioner, and explain how they are related. It must also name the adult’s attorney if known. Under Fla. Stat. § 397.68141, the factual allegations must give the reason you believe your child is impaired.

The admission criteria appear in § 397.675.

Good petitions are specific. Gather these items before your consultation:

• Dates and details of specific incidents
• Each treatment offer and how your child responded
• How substance use affected health, safety, work, or the home
• Texts, messages, and medical or treatment records you already have

A petition that lacks facts can fail. In D.H. v. K.J.R., the court found that the petition did not establish a good faith reason to believe D.H. met the statutory criteria for involuntary assessment and stabilization, and that the trial court erred in entering the ex parte order. An attorney reviews your facts to see whether they fit the law.

What a Marchman Act Petition Can and Cannot Do

A petition asks the court to order an assessment and, if the standards are met, court-ordered treatment. The judge decides the case. The court must find the conditions for involuntary treatment proved by clear and convincing evidence. Fla. Stat. § 397.697 allows an order for treatment for a period not to exceed 90 days.

In an emergency, the court may act faster. Under Fla. Stat. § 397.6818, the court may rely on the petition alone and, without appointing an attorney, enter an ex parte order for assessment and stabilization. A service provider may not hold the respondent for more than 72 hours of observation unless the statute’s listed conditions apply.

A petition is a court process about substance use treatment. It does not cover every problem your child may have. Treatment orders also have a time limit. At the end of the 90-day period, the respondent is automatically discharged unless a renewal motion was filed, under Fla. Stat. § 397.6977.

How the Process Works: Steps and Timeline

The process starts with a review of your facts and ends with a court decision. Each step builds on the one before.

1. Consultation. You review the timeline and records with a lawyer. The lawyer helps you see whether a petition fits your facts.
2. Filing. The petition goes to the clerk of the court in the county where your child is located. Florida law requires that such petitions be filed with the clerk of the court in the county where the person is located. In J.P. v. J.N., the court held that the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction. The location question is still important, so raise it early.
3. Assessment. If your child was not assessed, the court may order an assessment and stabilization. Under § 397.6957, the court hears and reviews all relevant evidence, including the results of the assessment completed by the qualified professional in connection with this chapter.
4. Notice. A copy of the petition and the notice of hearing go to your child, the petitioner, and the respondent’s attorney if known. The court sets the hearing within 10 court working days unless a continuance is granted, under § 397.68151.
5. Hearing and order. The judge hears the evidence and decides whether the standards are met. If an order is entered, the law sets its time limit and discharge rules.

The Hearing, Costs, and Your First Consultation

At the hearing, your child generally must be present unless the court accepts a valid waiver, or, after receiving proof of service and evaluating the circumstances, finds that your child’s presence is inconsistent with his or her best interests or is likely to be injurious to self or others. Testimony is taken under oath. Under § 397.6957, your child may refuse to testify.

Your child has the right to a lawyer at every stage. A respondent who desires counsel and cannot afford private counsel has the right to court-appointed counsel, under § 397.681. The Second District recognized that due process supports this right in Hillsborough County v. Albrechta.

Your role is to describe what you saw and heard, and to answer the judge’s questions. Witnesses may testify remotely by audio-video technology. Any witness doing so must send documents by the close of business the day before the hearing.

Florida courts also expect the petitioner to present the case. In C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare, the court found that the trial court failed to follow the governing statute when, in the absence of the petitioner, it called and questioned the health care professional who executed the involuntary services certificate. The Fourth District reached a different result in J.J.J. v. D.G., and conflict was certified, so the rule varies by district.

The clerk may not charge a fee to file the petition, under § 397.681. Service of process fees may be waived if the petitioner is found indigent, under § 397.68112. The firm’s first consultation is free, confidential, and carries no obligation to continue. Bring your timeline and any treatment records. Bring your questions about costs too.

Why Robinson Casey for a Marchman Act Petition

Robinson Casey focuses exclusively on Marchman Act petitions and guardianship matters. The firm’s work is limited to these two areas, so each consultation centers on the facts that matter under this law.

Richard J. Casey III, Esq. is the responsible lawyer for this page. Our lawyers and our team serve families in Miami-Dade, South Florida, and across Florida. Our team can answer questions about filing, the hearing, and the steps that follow.

Our approach is practical. We review dates, records, and the petition’s required content with you. We explain what the court will ask and what your role will be. We also explain where the facts may not fit the statute, so you know that before you file.

Frequently Asked Questions