Helping Your Family Act for a Homeless Adult Child

Your Adult Child Is on the Street and You Are Running Out of Options

Florida law lets certain family members ask a court to order assessment and treatment for an adult who is impaired by substance use. This page explains that route. If you are searching for how to help adult child living on street addiction Florida, a legal petition may be one option to understand.

You may have already paid for treatment. You may have tried interventions and set firm boundaries. Then a recent overdose, a hospital stay, an arrest, or a disappearance pushed you to look for another way.

Your fears are real. You worry your child will overdose and not come back. You worry about jail, about cold nights outside, and about losing hope that anything will work.

You don’t have to decide everything today. You need to know what the law allows and what it doesn’t. Start there.

What the Marchman Act Is and Who It Covers

The Marchman Act is Florida’s court process for adults whose substance use impairs them. Under Fla. Stat. § 397.68112, a petition for an adult may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and his or her prior course of assessment and treatment. A parent is a relative, so a parent may file.

It does not turn on a home address. The court’s test is set out in Fla. Stat. § 397.675. The court needs a good faith reason to believe your child is impaired.

What a Marchman Act Petition Covers

A petition asks the court to order an assessment and, if the criteria are met, treatment. Our team can walk you through the petition process during a free, confidential initial consultation, with no obligation to continue. It must state your relationship and the facts behind your belief.

The facts carry the weight. Write down why you believe your child cannot control substance use. Gather these records before you meet with a lawyer:

• Dates and details of each overdose, relapse, or crisis
• Hospital, detox, and emergency room records
• Police or jail contacts
• Past treatment, when it happened, and how it ended
• Names of people who have seen your child’s recent condition

How the Process Works: Steps and Timeline

The process moves in clear steps, and the statutes set several timelines.

1. Consultation. You review your child’s history, current location, and records.
2. Sworn petition. You sign a written declaration. Under Fla. Stat. § 92.525, you declare under penalties of perjury that the facts are true. Fla. Stat. § 92.525 reads: “(2) A written declaration means the following statement: “Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true,” followed by the signature of the person making the declaration, except when a verification on information or belief is permitted by law, in which case the words “to the best of my knowledge and belief” may be added.” A knowingly false declaration is a felony of the third degree.
3. Filing. The petition goes to the clerk in the county where your child is located. Under Fla. Stat. § 397.681, the clerk may not charge a filing fee.
4. Hearing date. Under Fla. Stat. § 397.68151, the court schedules a hearing within 10 court working days unless a continuance is granted.

In an emergency, Fla. Stat. § 397.6818 allows a judge to enter an assessment order based on the petition alone.

When Guardianship May Be the Right Legal Tool

Guardianship is a separate court process for an adult whose safety, health, or property is at risk. An emergency temporary guardianship is the fastest form. Under Fla. Stat. § 744.3031, a court may appoint one only after a petition for determination of incapacity is filed. The court must find imminent danger to the person’s health or safety, or to property, unless immediate action is taken.

That authority is short. It expires 90 days after appointment or when a guardian is appointed, whichever comes first, though the court may extend it for another 90 days if the emergency conditions still exist. Under the Marchman Act, if the respondent does not appear at the hearing for any reason, including lack of service, the court may issue or reissue an ex parte assessment and stabilization order lasting 90 days, but only if the court reasonably believes the respondent meets the commitment criteria and a substance abuse emergency exists; if the respondent’s location is known at the time of the hearing, the court must continue the case for no more than 10 court working days; otherwise, the petitioner must tell the court once the respondent has been assessed, and if the respondent has not been assessed within 90 days, the court must dismiss the case.

Plenary, limited, and mental health guardianships are other forms. Which tool fits depends on the facts. That includes whether your child’s problem is substance use, a mental health condition, or both.

What the Law Can and Cannot Do for Your Child

A court order sets a process. It does not cure addiction, and no legal step can make your child choose recovery. Recovery depends on the person, the treatment, and the support around them.

What a petition can do is open a path you cannot force alone. Under Fla. Stat. § 397.697, the court keeps jurisdiction after an order and may monitor compliance with treatment.

Expect your child to have a lawyer. Under Fla. Stat. § 397.681, a respondent has the right to counsel at every stage, but may waive it if present and the court finds the waiver is made knowingly, intelligently, and voluntarily. Florida law gives a respondent in a Marchman Act proceeding the right to counsel at every stage of the judicial proceeding, although the respondent may waive that right if present and the court finds the waiver is knowing, intelligent, and voluntary (Fla. Stat. § 397.681(2)).

Immediate help is also available. The Florida Department of Children and Families points families to the free, 24/7 988 Florida Lifeline for connection to a crisis counselor. Drawing a line between helping and enabling is hard. The Partnership to End Addiction offers general guidance on that line.

You have carried this for a long time. A petition is one legal step. It does not replace the care your family gives.

Why Families Work With Robinson Casey

Robinson Casey is a Florida law firm that limits its practice to Marchman Act and guardianship matters. It serves families in Miami-Dade County, across South Florida, and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.

The firm’s lawyers and support staff handle these matters. Our team includes assistants and office staff who help families organize records and deadlines.

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

Frequently Asked Questions

Will my child go to jail?

Talk Through Your Child’s Situation With Our Team

If you are still asking how to help adult child living on street addiction Florida, you don’t have to sort out the law alone. Call (561) 849-4700 or request a consultation.