Worried About a Loved One's Addiction? Get Clear Answers on the Marchman Act

If your loved one is putting themselves or others at risk, you may wonder whether you must call the police first. You don’t. A Marchman Act petition starts in court, and no police report or arrest is needed to file it.

The Short Answer: No Police Report Is Needed to File

Whether a Marchman Act petition can be filed depends on the facts of each situation, so questions about police reports, arrests or criminal charges can be raised during a free, confidential initial consultation with no obligation to continue. The petition goes to the clerk of the court in the county where the person is located. Fla. Stat. § 397.681 also says the clerk may not charge a fee for filing it.

For an adult, Fla. Stat. § 397.68112 lets a spouse, legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and of the prior course of assessment and treatment file. A parent, sibling or adult child can often be that person.

Watching someone you love refuse help while drinking or drug use puts them in danger is frightening. Most families don’t know where to start. Whether a petition fits your situation depends on the facts, and that is a legal call.

What the Florida Marchman Act Is and Who It Covers

The Marchman Act is Florida’s court process for assessing and treating people whose substance abuse impairs their safety and judgment. The Florida Department of Children and Families describes it as covering voluntary admission and involuntary assessment, stabilization and treatment for adults and youth severely impaired by substance abuse.

A judge can order involuntary treatment only if the criteria are met.

Or the person must be likely to neglect themselves without care or treatment, in a way that poses a real and present threat of substantial harm, and it must not be apparent that such harm can be avoided through the help of willing, able, and responsible family members or friends or other services; or there must be a substantial likelihood that the person has inflicted, or threatened or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another. Families usually face three concerns: safety, refusal of care, and the inability to meet basic needs.

The petition asks a court to order help. It does not ask a court to punish anyone for a crime.

When Law Enforcement Can Become Involved

Police can act on their own under protective custody, but a family does not need them to start a petition. Under Fla. Stat. § 397.677, an officer may use protective custody when a minor or an adult who appears to meet the admission criteria is brought to the officer’s attention or is in a public place.

Protective custody is the officer’s decision, not yours. Under Fla. Stat. § 397.6772, if a person in circumstances justifying protective custody fails or refuses consent, and the officer has determined that a hospital or a licensed detoxification or addictions receiving facility is the most appropriate place for the person, the officer may, after giving due consideration to the person’s expressed wishes, take the person to that hospital or licensed detoxification or addictions receiving facility without consent, but without unreasonable force. Don’t count on police to act for you on any timeline.

Protective custody can still matter later. Under Fla. Stat. § 397.68111, a person placed under protective custody within the previous 10 days can be the subject of a petition.

Serving court papers is a separate step. Under Fla. Stat. § 397.68151, unless a chief judge allows private process servers, the clerk sends the summons to a law enforcement agency within 6 hours after it is issued.

How the Court Process Moves After a Petition Is Filed

After filing, the court sets a hearing, and your loved one must get notice. Under Fla. Stat. § 397.68151, the hearing is set within 10 court working days unless a continuance is granted.

Emergencies can move faster. Under Fla. Stat. § 397.6818, when the petitioner asserts that emergency circumstances exist, or the court determines upon review of the petition that an emergency exists, the court may enter an ex parte order for assessment and stabilization based on the petition. Those orders have limits. In D.H. v. K.J.R., the court held that a petition lacking a good faith reason meant the ex parte order was entered in error.

Your loved one has the right to a lawyer. Under Florida law, that right applies at every stage of the court proceeding, and a person who can’t afford a private lawyer may get appointed counsel.

A Marchman Act petition may rest on one of several bases under § 397.68111, including a clinical assessment within 30 days, protective custody within 10 days, or emergency admission within 10 days. Under Fla. Stat. § 397.697, a treatment order may last up to 90 days if the court finds the conditions proved by clear and convincing evidence. For how assessments fit in, read our Marchman Act petition evidence guide.

What Facts and Records a Petition Should Address

A petition needs specific facts, not general worry. A petition for involuntary services for substance abuse impairment must name the respondent and the petitioner, state the relationship between them, and set out the reason the petitioner believes the respondent is substance abuse impaired and has lost the power of self-control with respect to substance abuse.

Write down dates, places, and what you saw or heard. Note who told you what. Stick to facts and avoid exaggeration, because the judge weighs what is credible.

A qualified professional’s report from the last 30 days may be attached. If your loved one refused an evaluation, the petition must say so. Hospital, treatment or police records may help if you have them. The required contents of a petition do not include a police report.

Family members can testify. At the hearing, the court hears testimony from family members familiar with the person’s history, and that testimony is taken under oath. The court decides what evidence is enough.

Costs and the Next Step With Robinson Casey

Robinson Casey offers a free first consultation that is confidential and carries no obligation to continue (Spanish: consulta inicial gratuita, confidencial y sin compromiso). Richard J. Casey III, Esq. is the lawyer responsible for this page.

Quick Answers

If you’re deciding whether to file for a parent or sibling who keeps refusing care, contact our office or call (561) 849-4149 to talk through your loved one’s facts.

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