Served With a Marchman Act Petition? Understand Your Options.

If you were served with a Marchman Act petition in Florida, someone has asked a court to order an assessment and possible treatment for substance use impairment. Being served does not mean a judge has decided anything. This guide explains what the papers mean, what rights you have, and what your options look like.

What a Marchman Act Petition Is and Who It Names

A Marchman Act petition is a written request asking a Florida court to order involuntary treatment for a person whose substance use impairs them. At a hearing on a petition for involuntary treatment services, the court must hear and review all relevant evidence, including testimony from individuals such as family members familiar with the respondent’s prior history and the results of the assessment completed by the qualified professional. A petition must be filed with the clerk of the court in the county where the person is located.

The person named in the petition is the respondent. Being named does not mean the court has ruled. The petition is a request. Before the hearing, the court may issue an involuntary assessment and stabilization order, and it decides whether to order involuntary treatment only after a hearing. In Miami-Dade County, the Clerk’s Office directs adult Marchman Act matters to its Probate Court. Miami-Dade Clerk mental health court page

What the Papers You Were Served With Mean

The papers must include a copy of the petition and a notice of the hearing, which must be provided to the respondent. A summons may also be issued for the person whose admission is sought.

The petition must name you, name the petitioner, and state your relationship. It must also list the facts the petitioner relies on.

Read the facts closely. The petition must explain:

• Why the petitioner believes you are impaired by substance use.
• Why the petitioner believes that impairment has cost you self-control.
• Why the petitioner believes you have harmed yourself or others, or are likely to, or why your refusal of care reflects impaired judgment.

The court must schedule a hearing within 10 court working days, unless it grants a continuance. Write that date down right away.

A provider generally cannot hold you for more than 72 hours of observation, unless a statutory exception applies.

Keep a simple record: the dates, times, and places of every hearing, who handed you the papers, and when. Keep every page and envelope.

Your Rights as the Person Named

You have the right to counsel at every stage of the court case. You may give up that right only if you are present and the court finds the waiver is knowing, intelligent, and voluntary.

If you want a lawyer and cannot afford one, you have the right to court-appointed counsel. Under § 397.681(2), a Marchman respondent has a statutory right to counsel. Hillsborough County v. Albrechta

Other rights include:

• You may request an independent assessment.
• Silence: Testimony is taken under oath and recorded. You may refuse to testify.
• Access: Your attorney may access you, witnesses, and records relevant to your case. Fla. Stat. § 397.68151

The court, not the petitioner alone, decides the case.

The Show Cause Hearing and What the Court Can Order

The petition, the assessment, and the testimony all matter at this stage.

An emergency order works differently. The court may rely only on the petition and enter an assessment and stabilization order without an attorney. Whether an emergency exists depends on the facts of each case. Under Fla. Stat. § 397.6818, when the petitioner asserts that emergency circumstances exist, the court may rely solely on the contents of the petition and, without the appointment of an attorney, enter an ex parte order for the respondent’s involuntary assessment and stabilization. D.H. v. K.J.R.

A qualified professional’s assessment must reach the court by the close of business the day before the hearing. It must include a treatment recommendation. A petition without one must be dismissed. Fla. Stat. § 397.6957

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

Your Options, From Responding to the Petition to Treatment Choices

The first practical step is to keep every date and attend every hearing. Several options depend on what you do early.

• Attend every hearing. If you do not appear, and the court reasonably believes you meet the commitment criteria and that a substance abuse emergency exists, the court may reissue an emergency order valid for 90 days.
• Ask for a lawyer right away. Counsel can review the petition and the facts it relies on.
• Request an independent assessment. You may ask for one, or the court may order one.
• Check the petition.
• Gather information. Family members who know your history may testify. Share names, records, and dates with your lawyer.
• Discuss voluntary treatment. Early release is possible if you no longer meet the criteria and give informed consent to voluntary status.

If an order is entered, it runs for a set period. A renewal petition must be filed before that period ends. Under Florida law, a petition for renewal of the involuntary treatment services order must be filed with the court before the court-ordered services period expires (s. 397.6975(1)). If the renewal is granted, services may continue for a period not to exceed an additional 90 days. When the conditions justifying involuntary treatment services no longer exist, the individual must be released as provided in s. 397.6971.

The common mistakes are setting the papers aside, missing a date, and assuming the court has already decided.

How Robinson Casey Helps the Person Named

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer. The practice has support staff who help with scheduling and office matters.

Representation can include reviewing the petition and its facts, explaining your rights and options, preparing for and attending hearings related to the petition, and advising on what happens after the court acts.

If your situation also involves a guardianship matter, that may need separate handling. The firm will tell you what it can take on.

The first consultation is free, confidential, and carries no obligation to continue.

For more background, read how to commit someone to rehab in Florida or the guide on Marchman Act and co-occurring mental illness.

Frequently Asked Questions