Facing a Marchman Act Petition? Understand Your Rights and Your Options

Marchman Act Respondent Rights in Florida

If you’ve been named in a Marchman Act petition in Florida, you have clear legal rights. You have the right to notice, to a lawyer, to be present at the hearing, and to have the evidence heard. Robinson Casey focuses on Marchman Act and guardianship matters. This guide explains each right in plain words, along with the timeline and what the court may order.

What a Marchman Act Petition Is and Who It Names

A Marchman Act petition asks a Florida court to order involuntary assessment or treatment for a person with a substance use problem. Under Fla. Stat. § 397.681, petitions for involuntary treatment of substance abuse impaired persons must be filed with the clerk of the court in the county where the person is located, and the clerk may not charge a fee for filing them.

The courts have jurisdiction of involuntary treatment petitions for substance abuse impaired persons. The petition must show a good faith reason to believe the person is impaired (see § 397.675). The alleged impaired person is named as the respondent. Involuntary admission also requires that the person has lost the power of self-control with respect to substance abuse (see § 397.675). Fla. Stat. § 397.675 sets out these criteria.

A petition for an adult may be filed by a spouse, a legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment. Fla. Stat. § 397.68112 lists these petitioners.

The petition must be filed with the clerk in the county where the person is located. The clerk may not charge a filing fee. The person named is called the respondent. Fla. Stat. § 397.681 covers these rules.

This page is for the respondent. It is also for the spouse, adult child, or parent who has just learned that a petition was filed. The case is a court proceeding that can affect the respondent’s liberty and treatment.

Your Core Rights When You Are the Person Named

Each one has a basis in Chapter 397.

• Notice. You must receive a copy of the petition and the notice of hearing. Fla. Stat. § 397.68151 lists who else must receive copies.
• Counsel. The court must immediately determine whether you have an attorney or whether appointing counsel for you is appropriate. The court must immediately determine whether you have an attorney or whether appointing counsel for you is appropriate. Fla. Stat. § 397.681 explains this right.
• Presence. You must be at the hearing unless the court accepts a knowing waiver. The court can also excuse you if your presence is not in your best interests. Fla. Stat. § 397.6957 sets this rule.
• Assessment. You cannot be ordered into involuntary treatment without a clinical assessment, unless you are present in court and expressly waive the assessment. The court must tell you about your right to an independent assessment.
• Evidence and testimony. The court hears all relevant evidence. You may refuse to testify.

They apply whether or not you agree with the petition. A lawyer can check each right against the papers you received.

Notice and the Timeline Before the Hearing

The court must set the hearing within 10 court working days, unless it grants a continuance. This is the main timing rule to know. Fla. Stat. § 397.68151 states it.

The general sequence looks like this:

1. The petition is filed with the clerk.
2. The court reviews it and decides whether counsel should be appointed.
3. The summons and notice are served on you.
4. The hearing is scheduled.

Emergencies can move faster. The court may rely on the petition alone and enter an ex parte order for assessment and stabilization. Fla. Stat. § 397.6818 covers these rules.

Start these steps right away:

• Keep every paper you received, including envelopes.
• Write down the date, time, and place of service.
• Note who handed you the papers.
• Circle the hearing date and the court’s name.

Misreading a notice or missing a date can hurt your position. Ask a lawyer to review the dates the same day you find them.

Right to Counsel and What a Marchman Act Attorney Does

You have a right to a lawyer at every stage of a Marchman Act case, though you may waive that right if you are present and the court finds the waiver is made knowingly, intelligently, and voluntarily. The Second District has held that this right rests on due process. Hillsborough County v. Albrechta addresses this point.

A lawyer for the respondent has access to the person, witnesses, and relevant records. Fla. Stat. § 397.68151 gives this access.

In practice, a Marchman Act attorney typically does four things:

• Reviews the petition for facts that meet the statutory criteria. A petition that does not show a good faith reason can be challenged. D.H. v. K.J.R. involved an ex parte order entered on such a petition.
• Gathers treatment, medical, and other records.
• Prepares the respondent for testimony and for the questions the court may ask.
• Responds to the evidence the petitioner presents.

A lawyer also explains your options in plain words. Communication stays within the limits of confidentiality.

Robinson Casey offers a free first consultation. It is confidential and carries no obligation to continue.

The Hearing: Standards the Court Applies and What Happens

The petitioner must prove the conditions for involuntary treatment by clear and convincing evidence. Fla. Stat. § 397.697 sets this standard.

The appellate opinion in J.C. v. State explains that, in doing so, the court failed to follow the applicable statute by essentially functioning as the absent petitioner. In one case, the trial court called and examined the only witness while the petitioner was absent. The appeals court reversed the order. J.C. v. State states this rule. This rule comes from Fifth District law. The Fourth District has certified conflict on a related question, so the rule is not uniform statewide. J.J.J. v. D.G. shows that split.

At the hearing, testimony is taken under oath and the proceeding is recorded. Family members familiar with your history may testify. Witnesses may appear by audio-video technology. The court may also order drug tests. Fla. Stat. § 397.6957 describes these procedures.

Cross-examination and a response to each witness are central. Your lawyer can test the evidence and point out gaps in it.

What the Court May Order

If the court finds the conditions proved, it may order involuntary treatment for up to 90 days. Fla. Stat. § 397.697 states the limit.

The treatment may come from a publicly funded provider. It may also come from a privately funded provider if the respondent has the ability to pay, or if any person on the respondent’s behalf voluntarily demonstrates a willingness and an ability to pay for the treatment. The court may direct a sheriff to take the respondent into custody and deliver them to a provider.

Other possible orders include:

• Renewal. If the conditions are expected to exist after 90 days of treatment, a renewal of the involuntary services order may be requested under § 397.6975 before the 90-day period ends. Fla. Stat. § 397.6975 explains renewal.
• When the conditions justifying involuntary treatment no longer exist, the person may be determined eligible for discharge to the most appropriate referral or disposition, as provided in § 397.6971. For example, the likelihood of harm may no longer exist. Fla. Stat. § 397.6971 lists the grounds.
• Continuing oversight. The court keeps jurisdiction to monitor compliance.

No one can promise how the court will rule. What the court orders depends on the evidence in each case. A party who disagrees with a final order may seek review by notice of appeal. Fla. R. App. P. 9.110 sets out the appellate procedure.

Why Families Work With Robinson Casey

Robinson Casey focuses on Marchman Act and guardianship matters. The firm serves families across Florida, including Miami-Dade and South Florida. Its work is limited to these areas.

Richard J. Casey III, Esq. is the responsible attorney for this page. Our team supports these matters with office and administrative staff. Our team does not make claims about how many lawyers the firm has.

In these matters, the firm reviews petitions, advises respondents on their rights, and prepares for hearings. It also coordinates with family members who are involved. The firm’s related practice areas include emergency temporary guardianship, plenary guardianship, limited guardianship, and mental health guardianship.

A narrow focus helps. Each step in this guide ties back to Chapter 397 and the appellate decisions that interpret it.

Frequently Asked Questions