Marchman Act Help for Families Living Out of State

The petition is filed in the county where the person is physically located, and a relative can start it from a distance. This guide explains who can file, where, and what happens next.

What the Marchman Act Is and How It Differs from the Baker Act

The impairment must have caused them to lose the power of self-control with respect to substance abuse.

The person must also need services and lack the judgment to see that need. 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.” Or, without care, the person must be likely to neglect themselves or refuse care, and that neglect or refusal must pose a real and present threat of substantial harm to their well-being, with no apparent way to avoid that harm through willing, able, and responsible family members or friends or other services; or there must be a substantial likelihood the person has inflicted, threatened, or attempted physical harm on themselves or another. 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.”

The Baker Act is a different law. In general terms, it addresses mental health crises rather than substance use. Many families face both problems, so the facts decide which path fits.

Who Can File a Petition and Who Can Be Petitioned

For an adult, a petition can be filed by a spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the impairment and his or her prior course of assessment and treatment. That rule comes from Fla. Stat. § 397.68112.

• A parent, sibling, or adult child can file as a relative.
• A spouse or legal guardian can file.
• An adult friend or other adult with direct knowledge of the impairment and prior treatment can file.

This guide covers adult respondents only.

Under Fla. Stat. § 397.68112, for an adult respondent, a petition for involuntary treatment services 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 impairment and prior course of treatment. It must state their relationship and the respondent’s attorney, if known. Under Fla. Stat. § 397.68141, it must also state the facts behind the request. Those facts include why the petitioner believes the person is impaired, why the impairment has caused a loss of self-control over substance use, and why the person has caused or is likely to cause physical harm or refuses care because impaired judgment keeps them from seeing their need for it.

Families Outside Florida’s Major Counties: Where the Petition Is Filed

The petition goes to the clerk of the court in the county where the person is located. Fla. Stat. § 397.681 also says the clerk may not charge a fee to file it.

In J.P. v. J.N., the respondent was at a detox facility in Volusia County. The family lived in Putnam County. The Fifth District treated the wrong-county filing as a venue problem, not a loss of jurisdiction. In J.P. v. J.N., the court explained that the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction.

Distance adds practical hurdles, including travel, document delivery, and hearing dates. Some of these get easier with the rules. Under Fla. Stat. § 397.6957, witnesses may remotely attend and, as appropriate, testify at the hearing under oath via audio-video telecommunications technology. They must give the parties their documents by the close of business the day before the hearing.

A relative or friend near the person can help with logistics. That helper can make sure the person is reachable when papers are served.

Step-by-Step Process and Statutory Timelines

The process moves through a petition, possible emergency orders, service, an assessment, and a hearing. A treatment order can last up to 90 days.

1. Gather the facts. Write down incidents, dates, prior treatment attempts, and contact details. If a professional examined the person within 30 days before filing, that report can go with the petition.
2. File with the clerk. File in the county where the person is located. There is no clerk filing fee.
3. Wait for the hearing setting. The court must schedule the hearing within 10 court working days unless a continuance is granted, under Fla. Stat. § 397.68151. The clerk sends the summons to law enforcement within 6 hours, unless private process servers are authorized.
4. Emergency orders, if needed. When an emergency exists, the court may rely on the petition alone and enter an ex parte order under Fla. Stat. § 397.6818. A provider may hold the person for no more than 72 hours of observation, unless an exception or court extension applies. The petition must support that order. In D.H. v. K.J.R., the Second District held that an ex parte order was error where the petition did not give a good faith reason to believe the criteria were met.
5. Assessment and hearing. The respondent must be present unless the court finds a knowing, intelligent, and voluntary waiver, or, after proof of service and review of the circumstances, that his or her presence is inconsistent with his or her best interests or is likely to be injurious to self or others. An assessment order is valid for 90 days.
6. The order. The court may order treatment only if the conditions are proved by clear and convincing evidence. The court can order involuntary treatment services for a period not to exceed 90 days under Fla. Stat. § 397.697, and a renewal may be requested under s. 397.6975 before the end of the 90-day period if the conditions are expected to continue.

In J.C. v. State, the Fifth District found that the court failed to follow the applicable statute by essentially functioning as the absent petitioner. Families often underestimate this. Under Fla. Stat. § 397.68151, within 6 hours after the summons is issued, the clerk of the court electronically submits the summons to a law enforcement agency to effect service, unless a circuit court’s chief judge authorizes private process servers, as the Lake County Clerk of Court explains.

What Marchman Act Petition Help Covers

Petition help covers advice, drafting, filing, and hearing preparation. Robinson Casey helps families with the petition and the steps around it.

• Advice on whether the Marchman Act or the Baker Act fits the facts.
• Drafting the petition with the facts the statute requires.
• Filing the papers with the clerk in the county where the person is located.
• Preparing for the hearing, including what to bring and what the court may ask.
• Guidance for a family member who has been served and wants to know the next steps.
• Planning for service when a loved one is hard to locate, including someone who is homeless.

Help with the paperwork does not decide the case. The court hears all relevant evidence and makes its own findings.

Why Families Work with Robinson Casey

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

• Richard J. Casey III, Esq. is the lawyer responsible for this page.
• Our team of support staff helps families organize records, schedules, and court deadlines.
• The practice covers Marchman Act petitions, guardianship, emergency temporary guardianship, plenary and limited guardianship, mental health guardianship, and involuntary commitment for addiction.

The first consultation is free, confidential, and without obligation to continue. Families can bring their facts and ask how the process would apply to their situation.

Common Questions and a Next Step

Most families ask how long, who can file, and where to file. Short answers follow.