Helping Families Act When a Loved One Needs Help With Alcohol Use

When Your Adult Child’s Drinking Has Become an Emergency

The Marchman Act is Florida’s court process for getting an adult into assessment and treatment when substance impairment leaves them unable to get help on their own. This page explains how Marchman Act alcohol use disorder cases work in Florida, in plain terms. For the broader overview, see our Marchman Act attorney page.

You may have spent years paying for treatment, trying new programs, and setting firm limits. Then a hospital visit, an arrest, or a night when no one knew where your child was changed everything. Many parents in this position fear the same things: alcohol poisoning, withdrawal, a fatal accident, jail, living on the street, and losing hope that anything will work.

Those fears are real, and you are not overreacting by taking them seriously. This page gives you the legal facts so you can think clearly about your options.

What the Marchman Act Is and How It Applies to Alcohol

The Marchman Act is a Florida law that allows a court to order assessment, stabilization, and treatment for a person with substance use impairment. Under § 397.675, a person may meet the criteria for involuntary admission when there is good faith reason to believe they are substance abuse impaired. The impairment must have caused them to lose the power of self-control with respect to substance use.

Voluntary treatment depends on the person agreeing to go. A Marchman Act petition is for cases where your child cannot make that choice: impaired judgment keeps them from appreciating the need for services; or without care they are likely to neglect themselves or refuse care in a way that poses a real and present threat of substantial harm, and it is not apparent that family, friends or other services can prevent that harm; or there is a substantial likelihood they have inflicted, threatened or attempted, or unless admitted are likely to inflict, physical harm on themselves or another. A mere refusal to accept services is not, by itself, evidence of lack of judgment. That is why many families reach this step after voluntary options have stalled.

Who Can File a Petition and What It Must Show

For an adult, 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 the prior course of assessment and treatment.

The petition must name your child as the respondent and name you as the petitioner. It must state your relationship and the factual reasons for the filing.

• Why you believe your child is substance abuse impaired.
• Why you believe the impairment has caused a loss of self-control.

A recent assessment helps. A report from a qualified professional who examined your child within 30 days before filing may be attached. If your child was not assessed, or refused an evaluation, the petition must say so.

Records such as hospital discharge papers, police reports, and treatment history help the petition describe the facts clearly.

How the Process Works From Petition to Hearing

Generally, the process moves through these steps:

1. Consultation and fact-gathering. You describe the timeline, prior treatment, and any documents you have.
2. Filing. The petition goes to the clerk of the court in the county where your child is physically located. Under § 397.681, the clerk may not charge a fee to file it.
3. Emergency orders, if needed. When emergency circumstances exist, the court may rely on the petition and enter an ex parte order for assessment and stabilization under § 397.6818. A provider generally may hold the person for no more than 72 hours of observation, subject to the statute’s listed exceptions.
4. Hearing setting. If the respondent does not appear at the hearing, the court reasonably believes the respondent meets this chapter’s commitment criteria and that a substance abuse emergency exists, and the respondent’s location is known, the court must continue the case for no more than 10 court working days. Under § 397.68151, the petition and notice go to your child, to you, to your child’s attorney if known, to your child’s spouse or guardian if applicable, and to anyone else the court directs.
5. Under § 397.6957, the court must hear and review all relevant evidence, including the results of the assessment completed by the qualified professional, before deciding whether to order treatment.

Timing depends on the facts and county calendar, but the respondent’s assessment by a qualified professional must occur within 72 hours after arrival at a licensed service provider, unless the statute’s exceptions apply. Fla. Stat. § 397.6957 reads: “The respondent’s assessment by a qualified professional must occur within 72 hours after his or her arrival at a licensed service provider unless the respondent shows signs of withdrawal or a need to be either detoxified or treated for a medical condition, which shall extend the amount of time the respondent may be held for observation until such issue is resolved but no later than the scheduled hearing date, absent a court-approved extension.”

What Happens at the Hearing and After

Your child generally must be present at the hearing. The court hears all relevant evidence, including testimony from family members who know your child’s history. The court may also order drug tests. Testimony is given under oath, the proceeding is recorded, and your child may refuse to testify.

How the burden of proof applies can depend on the case law, and Florida courts have reached different results on it. In J.C. v. State, the Fifth District Court of Appeal stated that the petitioner bears the burden of proof. A later Fifth District decision, C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare, reaffirmed that rule. The Fourth District has reached a different result in J.J.J. v. D.G., and that conflict is noted in the opinion.

If the court finds the conditions proved by clear and convincing evidence, it may order involuntary treatment for a period not to exceed 90 days, under § 397.697. A renewal petition must be filed before that period ends, and under § 397.6975 the court may add up to another 90 days.

Early release is possible when the statutory conditions no longer exist, under § 397.6971. Under § 397.6977, discharge planning must address follow-up appointments, prescribed medications, living arrangements, transportation, and recovery support.

If Your Adult Child Objects or Wants Out

Your child has the right to counsel at every stage of the proceeding, though that right may be waived if your child is present and the court finds the waiver is made knowingly, intelligently, and voluntarily. Under § 397.681, a person who cannot afford private counsel has the right to court-appointed counsel. The Second District held in Hillsborough County v. Albrechta that a Marchman Act respondent has a constitutional right to counsel.

Your child’s attorney has access to the person, witnesses, and records relevant to the case, under § 397.68151.

Other court options may fit other facts, such as involuntary commitment for addiction. A consultation can help sort out which path applies to your family’s situation before anything is filed.

Frequently Asked Questions

Talk Through Your Child’s Situation With Robinson Casey

You may still be deciding whether a court petition is the right step. You don’t have to decide today, and you don’t have to figure out the law alone.

Robinson Casey is a Florida law firm that limits practice to Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq. is the responsible lawyer for this page. Our team includes support staff who can help you schedule a time to talk.

If your child’s drinking has moved your family into crisis, reach out to us through our contact page or call (561) 849-4149. We can talk through what is happening, with no promise about any result.