Marchman Act Petition for a Hospitalized Adult in Florida

Your adult child is in a Florida hospital, and you want to know whether the Marchman Act can get them into treatment. In many cases, a family member can ask a court to order assessment and treatment for an adult who meets the legal standard. This page explains how that works, step by step.

If Your Adult Child Is in the Hospital Right Now

You may have spent years paying for treatment, trying new programs, and holding firm boundaries. Now a hospital stay has made the problem impossible to ignore, and you need a legal path that does not leave you managing the crisis alone.

Florida law limits who can start this process. For an adult, a petition may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment (§ 397.68112).

Timing matters too. A petition is also possible if your child was placed under protective custody or had an emergency admission within the previous 10 days, or was assessed by a qualified professional within 30 days (§ 397.68111).

This page is general information about Florida law. It is not advice about your own facts.

What a Marchman Act Petition Is and Who It Is For

A Marchman Act petition asks a Florida court to order assessment and treatment for an adult with substance abuse impairment. The court can act only if there is a good-faith reason to believe the person meets the statute’s criteria (§ 397.675).

• The person is substance abuse impaired, or has a substance use disorder with a co-occurring mental health disorder.
• Because of that impairment, the person has lost the power of self-control about substance use.
• Either the person is in need of substance abuse services and, because of impairment, cannot appreciate that need or make a rational decision about it, although mere refusal to receive such services does not constitute evidence of lack of judgment with respect to his or her need for such services, or the person is likely to neglect or refuse to care for himself or herself, that neglect or refusal poses a real and present threat of substantial harm, and it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or other services; or there is a substantial likelihood the person has inflicted, threatened, or attempted physical harm on himself, herself, or another, or is likely to inflict it unless admitted.

The petition is a court filing. It goes to the clerk of the court in the county where the person is located, and the clerk may not charge a filing fee (§ 397.681).

Location matters when your child is in a hospital. In J.P. v. J.N., the court noted that the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction. Filing in the wrong county did not take away the circuit court’s jurisdiction (J.P. v. J.N.). If your child has been moved between facilities, confirm where they are now.

For more on this topic, see our guide to involuntary commitment for addiction.

What Robinson Casey’s Marchman Act and Guardianship Work Covers

Robinson Casey focuses on Marchman Act petitions and guardianship matters, and limits its practice to those areas.

Its work includes:

• Marchman Act petitions and representation
• Involuntary commitment for addiction
• Emergency temporary guardianship, for urgent situations that need a fast court order
• Plenary guardianship
• Limited guardianship
• Mental health guardianship

Guardianship is a court matter about who makes certain decisions for an adult. Which type fits your family depends on the facts.

Some matters may be referred to another lawyer or firm. If that is true for your situation, the firm will say so.

How the Process Moves From the Hospital to the Courtroom

The process starts with a written petition filed with the clerk. The court must schedule a hearing within 10 court working days unless a continuance is granted (§ 397.68151).

1. Gather the facts. The petition must name your child and you, state your relationship, and name your child’s attorney if known. It must also describe the facts that support the request (§ 397.68141). Write down the hospital name, recent incidents, and any past treatment.
2. Note any assessment. A petition may include a report from a qualified professional who examined the person within 30 days. If there was no assessment, or your child refused one, the petition must say so (§ 397.68141).
3. Ask for emergency relief if needed. When an emergency is alleged, the court may act on the petition alone and enter an ex parte assessment and stabilization order (§ 397.6818). A service provider may hold the person for no more than 72 hours of observation, unless the law allows more time (§ 397.6818).
4. Attend the hearing. Your child generally must be present. The court hears relevant evidence, including family members who know the history. Witnesses may appear remotely, but a witness who plans to attend and testify remotely must give the parties all relevant documents by the close of business on the day before the hearing (§ 397.6957).
5. Understand the order. A court order can require involuntary treatment for up to 90 days (§ 397.697). At the end of that period, the person is discharged unless a renewal motion is filed (§ 397.6977).

Court calendars can shift, so expect the schedule to move.

Your Fears, Answered Plainly

A petition asks a court for assessment and treatment. No lawyer can promise how your child’s case will end.

• Overdose or death. Florida law lets a court act quickly when an emergency is alleged (§ 397.6818). The aim of the process is assessment and stabilization.
• Incarceration. The Marchman Act process described here is a court proceeding about assessment and treatment. A separate criminal matter would need its own review.
• Homelessness. Discharge planning must address follow-up appointments, medications, living arrangements, and transportation (§ 397.6977). Questions about your child’s housing can come up in your consultation.
• Losing hope. Many parents feel worn out by this point. Asking a legal question is a reasonable step, not a failure.

Why Families Bring This Matter to Robinson Casey

Robinson Casey is a Florida law firm. Its work centers on Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq. is the responsible lawyer for this page.

Because the practice is limited to these two areas, the work stays focused on the petition, the court filings, and the hearing. Our lawyers can explain each step and answer your questions about the court process.

Our team includes assistants and office staff. They help families gather records and keep paperwork organized for the case.

Frequently Asked Questions

Take the Next Step Toward Proper Treatment

If your child is in a hospital right now, you do not have to work out the court process alone. If you have tried treatment, interventions, and boundaries, and the crisis keeps coming back, Robinson Casey can review your facts and explain how a petition would work. Schedule a consultation through our contact page, or call (561) 849-4149.