Your Son Refuses Help. You Don't Have to Figure Out the Next Step Alone.

Your Son Has Overdosed and Refuses Help: Where You Stand Now

Yes, if your adult son overdosed and refuses help, a parent may be able to ask a Florida court for assessment and treatment under the Marchman Act. Whether that path fits depends on your son’s situation and on the statute’s criteria.

You may have paid for treatment more than once. You may have tried interventions and held firm on boundaries, yet your son keeps getting worse. Then came an overdose, a hospital stay, an arrest, or a night you didn’t know where he was.

You may not be ready to hire anyone. This page covers who may file, what a petition must say, what evidence helps, and what happens next.

Can a Parent File a Marchman Act Petition in Florida?

A parent can file when the son is an adult and the petition meets the statute’s rules. The Marchman Act is Florida’s law for court-ordered assessment and treatment of substance use. The Florida Department of Children and Families says the law allows involuntary assessment, stabilization, and treatment for adults and youth severely impaired by substance abuse.

For an adult, Fla. Stat. § 397.68112 allows a petition from a spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the impairment and of the prior course of assessment and treatment. A parent is a relative, so a parent can file.

Filing starts the process; it does not decide it. Florida law sets out the criteria for involuntary admission based on substance abuse impairment or a substance use disorder. In plain terms, the court needs a good-faith reason to believe your son:

• Is substance abuse impaired, or has a substance use disorder with a co-occurring mental health disorder.

Your son’s refusal alone does not answer the question. The facts must show the rest.

What Evidence Helps a Marchman Act Petition

A petition needs specific, dated facts, not general worry. Gather these items before you talk with a lawyer:

• Overdose, emergency room, or hospital discharge papers for the recent event.
• Police or EMS reports, if they exist.
• A list of past treatment attempts, with dates, providers, and why each one ended.
• Dated examples of your son refusing help and the harm you saw.
• A simple timeline that ties these events together.

The petition may also include a report from a qualified professional who examined your son within 30 days before filing. If he refused an evaluation, the petition must say so (Fla. Stat. § 397.68141).

How the Marchman Act Process Works, Step by Step

The process moves from petition to hearing to court order; the court must schedule the hearing within 10 court working days unless a continuance is granted (Fla. Stat. § 397.68151). Here is the usual sequence.

1. The clerk may not charge a filing fee (Fla. Stat. § 397.681). In J.P. v. J.N., the court held that filing in the wrong county did not take away the circuit court’s jurisdiction.
2. Hearing date. The court must schedule a hearing within 10 court working days unless a continuance is granted (Fla. Stat. § 397.68151). Your son must receive a copy of the petition and the notice.
3. Emergency order. If an emergency exists, the court may enter an ex parte order for assessment and stabilization based on the petition (Fla. Stat. § 397.6818). If an emergency exists, the court may rely solely on the contents of the petition to enter an ex parte order (D.H. v. K.J.R.).
4. Hearing. Testimony is taken under oath. In the Fifth District, a judge may not question the professional to supply the petitioner’s case when the petitioner is absent (J.C. v. State). The Fourth District reached a different result, so the rule is not settled statewide (J.J.J. v. D.G.).

What a Marchman Act Order Does and How Long It Lasts

Under Fla. Stat. § 397.697, an order for involuntary treatment services requires clear and convincing evidence and may last up to 90 days. The court keeps jurisdiction to monitor compliance and can adjust the treatment plan (Fla. Stat. § 397.697).

• Renewal. A petition for renewal of an involuntary treatment services order must be filed with the court before the court-ordered services period expires (Fla. Stat. § 397.6975). The court may then order up to another 90 days (Fla. Stat. § 397.6975).
• Early release. Your son may be released early once the reasons for the order no longer exist, such as when he no longer needs treatment (Fla. Stat. § 397.6971).
• Cost. The court may order private treatment if your son can pay, or if someone acting for him shows willingness and ability to pay (Fla. Stat. § 397.697).

No one can promise how treatment will go. The order sets the process, and each case turns on its own facts.

Marchman Act, Baker Act, and Guardianship: Which Applies?

The Marchman Act covers substance use. Florida’s Baker Act covers involuntary examination for mental-health crises, as described in the Florida State Courts Baker Act bench guide.

If your son has both a substance problem and a mental health disorder, the Marchman criteria already cover co-occurring disorders (Fla. Stat. § 397.675). Involuntary commitment for addiction follows this Marchman process. Guardianship may fit different facts.

The first consultation helps sort which path matches your son’s situation. If a matter falls outside our practice, we may refer you to another lawyer or firm.

Common Questions Parents Ask Before Filing

Parents often ask about filing rights, location, and jail. Short answers follow.

Why Families Work With Robinson Casey on Marchman Act Matters

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, serving families across South Florida, including Miami-Dade, and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page. Our practice has support staff, including assistants and office staff.

Your son has the right to a lawyer at every stage of the case. A court may appoint one if he cannot afford private counsel (Fla. Stat. § 397.681). The Second District has held that due process supports that right in Marchman Act proceedings (Hillsborough County v. Albrechta).

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

Talk Through Your Son’s Situation With Robinson Casey

If your son has overdosed and keeps refusing help, you don’t have to work out the legal path by yourself. Call (561) 849-4700 or request a consultation to talk through your son’s situation with a Marchman Act attorney.