When Your Daughter Needs Help Now, Robinson Casey Can Help You Act

Where You Are Right Now, and Why Discharge Feels Like the Wrong Ending

If your daughter overdosed, was discharged, and refuses treatment in Florida, the Marchman Act may let you ask a court to order an assessment and possible treatment. A parent can file that request. This page explains how the process works and what to do next.

You have already done so much. You’ve paid for treatment, tried interventions, and held the boundaries you were told to hold. Still, she keeps getting worse, and now she’s been sent home. You’re left asking what happens next.

Your fears make sense. You worry she’ll overdose again, end up in jail, lose her housing, or that hope will run out. This page covers the legal options Florida gives a family member. It does not judge her medical needs. That belongs to her care team and, in a case, to the court.

What a Hospital Discharge Does and Doesn’t Mean

A hospital discharge ends a hospital stay. It does not, by itself, put your daughter into ongoing treatment. Families often assume it does, then learn she left with a stack of papers and no appointment.

Ask the discharge team for copies of her discharge papers and any follow-up plan. Write down what they recommended and what she agreed to or refused. Note the date, time, and name of each person you speak with.

These notes matter later. A court hears testimony from family members about her prior history and how it connects to her current condition (Fla. Stat. § 397.6957). Your records give that testimony something solid to rest on.

What Florida Law Allows When an Adult Child Refuses Treatment

A parent can file a petition asking a court to order involuntary assessment and treatment for an adult child. For an adult, any relative may file (Fla. Stat. § 397.68112). The petition goes to the clerk in the county where your daughter is physically located (Fla. Stat. § 397.681).

Families often ask which substances the Marchman Act covers, and a consultation with our team can address a specific situation.

The criteria for involuntary admission are set out in Florida law. At the treatment hearing, the petitioner carries the burden under Florida Statute § 397.6957(2) of proving by clear and convincing evidence that the respondent is substance abuse impaired, along with the further elements the statute requires.

Here’s the part many parents miss. The petition has to lay out specific facts. A petition must name each person, state the relationship, and set out the facts that support the request (Fla. Stat. § 397.68141).

What Evidence a Court Is Likely to Look For

The court looks for specific facts, not general worry. Write down dates and events. Include the overdose, each emergency room visit, any police contact, threats or self-harm, and times she could not care for herself.

Prior treatment matters too. List each program or assessment, when it happened, and how it ended. A petition may include an assessment done within 30 days before filing. If she refused an assessment, the petition must say so (Fla. Stat. § 397.68141).

At the hearing, the court may order drug tests and hear family testimony. Testimony is taken under oath and recorded. You may be asked to testify.

A petition built on dates and events is stronger than one built on general worry.

Steps to Take This Week

If you’re asking what to do this week, start with a dated log tonight. Record each incident, call, text, and conversation with the hospital or her care team. Include what was said and who said it.

Put the discharge papers, medication lists, and any past assessments in one folder. Keep copies. Store the originals somewhere safe.

Avoid ultimatums you can’t enforce. If you say she must leave the house by Friday, be sure you can follow through. Write down what you promised, too.

Plan for your own support. This stage drains sleep, money, and energy. Choose one person you trust to share the load. If she is in immediate danger, treat that as an emergency first. The court process can wait for that.

What the Process Looks Like, and What Cannot Be Known Yet

A case moves from petition to hearing, then to a decision. The court must schedule a hearing within 10 court working days unless a continuance is granted (Fla. Stat. § 397.68151).

A service provider may hold her for no more than 72 hours of observation, unless a listed exception applies (Fla. Stat. § 397.6818).

If the court finds the conditions proved by clear and convincing evidence, it may order involuntary treatment for up to 90 days (Fla. Stat. § 397.697). A renewal petition must be filed before that period ends (Fla. Stat. § 397.6975).

Some appellate rulings shape how a case is argued.

No lawyer can promise how a judge will rule, where she will be placed, or how long treatment will last. Every case turns on its own facts.

Talk Through Your Daughter’s Situation With Robinson Casey

Getting clear legal answers early helps when a daughter is home after an overdose and still refusing care. Robinson & Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida and statewide.

Richard J. Casey III, Esq. is the lawyer responsible for this page. The first consultation is free, confidential, and without obligation to continue. To talk about your daughter’s situation, call (561) 849-4149 or reach out through our contact page.