Your Adult Child Refuses Detox. Here Is What You Can Do.

When an Adult Child Refuses Detox in Florida

If an adult child refuses detox Florida families often turn to the courts. In most cases, that path is the Marchman Act, Florida’s civil process for people whose substance use leaves them impaired. A family member starts it by filing a petition with the court. A parent does not simply decide.

You have been here before. You have paid for treatment, tried interventions, and held the boundaries you were told to hold. Then came an overdose, a relapse, or a night in the emergency room. Now you are looking for another way.

Your fears are real. You may fear your child dying, going to jail, or ending up homeless. No lawyer can promise how a situation will turn out. What the law does provide is a way for a judge to review the facts and decide whether court-ordered care is needed.

How the Marchman Act Handles Detox Without Consent

The Marchman Act can lead to a court order for assessment, stabilization and treatment, even when the adult does not agree.

This is a court process, not a police or criminal case. The judge makes the findings. Under Fla. Stat. § 397.697, the court may order involuntary treatment only when the conditions are proved by clear and convincing evidence.

Your child keeps important rights. The respondent must be present at the hearing unless the court finds that he or she knowingly, intelligently, and voluntarily waives the right to be present, or that, after receiving proof of service and evaluating the circumstances, his or her presence is inconsistent with his or her best interests or is likely to be injurious to self or others.

Refusal alone is not enough, because mere refusal to receive services does not by itself prove lack of judgment about the need for services; the court may order involuntary treatment only when the conditions are proved by clear and convincing evidence. The criteria for involuntary admission say that mere refusal to receive services does not by itself prove lack of judgment. 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 petition has to show more.

Who Can File a Petition and What It Must Describe

For an adult, a parent can file. Under Fla. Stat. § 397.68112, 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.

An appeals court held that a petition filed in the wrong county is a venue defect, not a lack of jurisdiction, in J.P. v. J.N..

Specific, dated facts carry the petition. Examples include overdoses, emergency visits, dangerous conduct, lost housing or work, and treatment refused before. A vague statement that your child is “using again” will not do the job.

What Happens After a Petition Is Filed

After filing, the court sets a hearing. In an emergency, the court may rely only on the petition and enter an ex parte order for assessment and stabilization, without first appointing a lawyer. Under Fla. Stat. § 397.6818, a provider generally may not hold the person for more than 72 hours of observation, unless a listed exception applies.

Your child must be present at the hearing unless the court accepts a valid waiver, or finds that presence is inconsistent with their best interests or likely to be injurious. Under Fla. Stat. § 397.6957, the court hears relevant evidence, including testimony from family members who know the history. Testimony is under oath, and the proceedings are recorded. Your child may refuse to testify.

If the court finds the conditions proved, it may order treatment for a period not to exceed 90 days.

What the Judge Looks At and What You Should Document

Under Fla. Stat. § 397.675, a person meets the criteria for involuntary admission if there is good faith reason to believe the person is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder, and because of that impairment or disorder has lost the power of self-control with respect to substance abuse, and also either needs substance abuse services and is incapable of appreciating that need, or is likely to neglect or refuse care, 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 the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened or attempted to inflict, or is likely to inflict, physical harm on himself, herself, or another. The judge needs facts, not a general sense of worry.

Who must prove the case can be disputed. In J.C. v. State, the appeals court held that the trial court “failed to follow the applicable statute by essentially functioning as the absent petitioner.” A Fourth District court disagreed and certified a conflict with those Fifth District decisions, as explained in J.J.J. v. D.G.. Plan to present your own evidence and be ready to testify.

Start a dated record now. Write down each overdose, hospital or police contact, threat, missed commitment, and prior treatment attempt. Note the provider names and dates. This record supports your petition and your testimony.

Court records in these cases are confidential under Florida law. The clerk may not publish personal identifying information on a public docket.

Options for Families Who Cannot Wait for Another Relapse

A petition is one legal option. Many families use it alongside their own steps, such as family support and boundaries, not in place of them. A lawyer can help you weigh which path fits your facts.

Timing matters. The emergency path depends on a petition that shows real, specific facts. Under the Second District’s ruling in D.H. v. K.J.R., an ex parte order based on an insufficient petition was error. A complete petition protects the process for everyone involved.

Frequently Asked Questions

Talk With a Marchman Act Attorney About Your Son or Daughter

If your adult child refused detox after an overdose, relapse, or hospital visit, you may be weighing a petition right now. Robinson & Casey limits practice to Marchman Act petitions and guardianship matters. The firm serves families in Miami-Dade, across South Florida, and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.

The first consultation is free, confidential, and without obligation. Call (561) 849-4700 or use the contact page to talk about your child’s situation.