Helping Families Petition for a Missing Adult in Florida

A Marchman Act petition asks a Florida court to order assessment and, when the law allows, treatment for an adult with a substance abuse impairment. If your loved one is missing or hard to reach, a petition may still be possible. Whether it can move forward turns on the facts you can share. This guide explains the process in plain terms. Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in South Florida and statewide.

What the Florida Marchman Act Is and Who It Helps

The Marchman Act is Florida’s law for court-ordered help when an adult’s substance use causes serious impairment. It lets a court order involuntary assessment and, if the criteria are met, involuntary treatment. The statute also protects the adult’s dignity. Individuals receiving substance abuse services who are not accused of a crime or delinquent act may not be detained or incarcerated in jails, detention centers, or training schools of the state, except for purposes of protective custody in strict accordance with this chapter.

The statute also says who may file.

For the wider overview, read our Marchman Act attorney guide.

Can You File a Marchman Act Petition for a Missing Adult in Florida?

Yes, a petition can be considered when an adult stops answering calls, leaves home, or lives on the street while using drugs or alcohol. Each case turns on its own facts.

Location matters. The petition is filed with the clerk of the court in the county where the person is located. The clerk may not charge a fee to file it. J.P. v. J.N.

The petition must also state facts. It needs the adult’s name, your name, your relationship to the adult, and the reasons for your belief. Fla. Stat. § 397.68141 Useful details include:

• The last place you know the adult stayed, and when
• Recent behavior you saw or heard about
• Contacts with police, hospitals, shelters, or treatment providers
• Any past assessment, and whether the adult refused an evaluation

When an Urgent Marchman Act Intervention Comes Into Play

An urgent case can start with an emergency order based on the petition alone. The court may enter an ex parte order (an order issued without the adult present) for involuntary assessment and stabilization. It can be entered without appointing an attorney.

That order can direct law enforcement to take the person into custody for evaluation. A provider may hold the person for no more than 72 hours of observation, unless a specific statutory condition applies. An ex parte order not carried out by the first hearing date is void.

Assessment and treatment are separate steps. Assessment and stabilization come first. Later, if the court finds the conditions proved by clear and convincing evidence, it may order treatment for up to 90 days.

Timing matters most when there is risk of harm. It also looks at serious neglect of self.

How the Petition Process Works, Step by Step

The process moves through five general stages. Court timelines are set by statute, but each county’s calendar and each case differ.

1. Intake. A confidential first conversation covers the facts, the adult’s last known contacts, and who may file.
2. Evidence. Gather dated notes, messages, and records you can lawfully obtain. List people who have seen the adult recently.
3. Filing. The petition goes to the clerk in the county where the adult is located. The Miami-Dade Clerk directs people seeking involuntary alcohol or drug treatment to the Clerk’s Office Probate Court for adults. Miami-Dade County Clerk
4. Court review and hearing. The court decides whether the adult needs a lawyer. The hearing must be set within 10 court working days unless a continuance is granted. The clerk sends the summons to law enforcement within 6 hours after it is issued, unless the circuit court’s chief judge authorizes private process servers.
5. Order and next steps. If the court appoints counsel, the office of criminal conflict and civil regional counsel represents the person until the petition is dismissed, the court order expires, the person is discharged from involuntary treatment services, or the office is otherwise discharged by the court.

Our support staff helps organize documents and track dates, so you can focus on your loved one.

Evidence the Court Looks For and Protecting Your Loved One’s Rights

The court looks for specific evidence of impairment and danger, not general worry alone. A refusal of services is not, by itself, evidence of lack of judgment. Florida law sets the criteria for involuntary admission for substance abuse impairment.

At the hearing, the court hears all relevant evidence. That can include testimony from family members who know the adult’s history. The court may order drug tests. Witnesses who attend remotely testify under oath.

Florida courts have addressed who presents the case. In the Fifth District, a court may not call and question the professional when the petitioner is absent. C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare The Fourth District reached a different result. J.J.J. v. D.G. So this rule is Fifth District law, not statewide law.

The adult has important rights:

• A lawyer at every stage, and the court may appoint one.
• Presence at the hearing, unless a valid waiver is found
• A clinical assessment before any involuntary treatment order, and the right to request an independent assessment

A Marchman Act case is not a guardianship case. No one can promise how a court will rule.

Why Families Work With Robinson Casey

Robinson Casey focuses on Marchman Act petitions and guardianship matters. The firm serves families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.

Our team also handles related matters: guardianship, emergency temporary guardianship, plenary and limited guardianship, mental health guardianship, and involuntary commitment for addiction. Support staff assists with intake and document organization.

If your situation involves a homeless adult child, our homeless adult child guide covers related steps. Court records in these cases are confidential, and the clerk may not publish personal identifying information.

Frequently Asked Questions About Marchman Act Petitions for Missing Adults