Marchman Act Attorney After a Hospital Visit in Florida

If your adult child has a substance use problem and a recent hospital visit has you wondering what comes next, a Marchman Act petition is one court route to consider. It is a request, filed in Florida, that asks a judge to order an assessment and, if the law’s criteria are met, involuntary treatment for an adult with a substance use problem. A parent is among the people the law allows to file, and a Marchman Act attorney can explain whether a petition fits your family’s facts.

When a Hospital Visit Leaves You Asking What Comes Next

A hospital visit often leads a parent to ask whether Florida law offers another path. Maybe the call came after an overdose. Maybe your child was discharged with no plan, or this is the third emergency room trip this year. The papers go home with you, and the same question returns: what now?

You have already paid for treatment. You have tried interventions and held firm on boundaries. Your child keeps getting worse, and you are exhausted.

This page explains one legal option, the Marchman Act, for parents of adults who refuse help. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq. is the responsible lawyer for this page.

What the Marchman Act Is and Who Can File

The Marchman Act is Florida’s court process for substance use, found in Chapter 397, Florida Statutes. 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 person’s impairment and past treatment. § 397.68112 sets out this rule.

The person named in the petition is the respondent. The court looks for a good faith reason to believe the person has lost self-control over substance use. The person must also be substance abuse impaired with a history of not complying with treatment, and the petitioner must prove this by clear and convincing evidence. § 397.675 states the criteria for involuntary admission: a good faith reason to believe the person is substance abuse impaired or has a substance use disorder and a co-occurring mental health disorder, and that the person has lost the power of self-control and meets one of the listed harm or care-need conditions.

How a Hospital Visit Fits Into a Marchman Act Case

A recent hospital stay can be one of the facts that shows why a petition is needed. Whether a petition fits depends on the facts of each case.

Timing matters. A person may be the subject of a petition if they were held under protective custody or had an emergency admission within the previous 10 days. A person may also qualify if a qualified professional assessed them within the previous 30 days. § 397.68111 lists these routes: a person who reasonably appears to meet the criteria for involuntary admission; a person placed under protective custody or given an emergency admission within the previous 10 days; or a person assessed by a qualified professional within 30 days. Write down the exact date of each hospital visit before your first meeting.

Facts must hold up. A petition that does not give a good faith reason to believe the statutory criteria are met can fail. In D.H. v. K.J.R., the court found that the petition did not establish a good faith reason to believe D.H. met the statutory criteria for involuntary assessment and stabilization, and that the trial court erred in entering the ex parte order.

What a Marchman Act Petition Covers and What It Does Not

A Marchman Act petition asks the court to order an assessment and, if the criteria are proved, involuntary treatment. The petition must name the person, name the petitioner, and state their relationship. It must also state the facts showing the need for services. § 397.68141 sets out these contents, including the name of the respondent’s attorney, if known.

In an emergency, the petition must describe the urgent circumstances. It may ask for an ex parte order, which the court can enter for assessment and stabilization based on the petition alone. § 397.6818 covers this process. A provider generally may not hold the person for more than 72 hours of observation, unless the statute’s exceptions apply.

Your adult child has a right to counsel at every stage. A person who cannot afford a lawyer may have one appointed. § 397.681 states this right.

If the court finds the conditions proved by clear and convincing evidence, it may order treatment for up to 90 days. § 397.697 sets that limit. No petition, attorney, or court can promise a particular result or program.

Step by Step: How the Process Works for a Parent

The process runs from your first consultation through filing, a hearing, and a court order. Each step has its own timing.

1. First consultation. You describe the hospital visit, the dates, and the treatment already tried.
2. Gather records. Collect discharge papers, prior treatment records, and a written timeline. The clerk may not charge a fee for filing the petition. § 397.681
3. File in the right county. The petition goes to the county where your child is physically located when it is filed. In J.P. v. J.N., the court held that the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction.
4. Hearing date set. The court schedules a hearing within 10 court working days unless a continuance is granted. § 397.68151
5. Assessment. The qualified professional must file the clinical assessment with the clerk of the court no later than the close of business on the day before the hearing, and a failure to include a treatment recommendation, like a recommendation of no treatment, results in dismissal of the petition. The qualified professional’s assessment report must be filed with the court no later than the close of business on the day before the hearing. If your child does not appear at the hearing and the court believes the criteria are met and a substance abuse emergency exists, § 397.6818 lets the court issue or reissue an ex parte assessment and stabilization order that is valid for 90 days. § 397.6957

Our support staff help keep dates and documents organized between court steps.

Why Families Work With Robinson Casey on Marchman Act Matters

Robinson Casey focuses on Marchman Act petitions and guardianship matters. The practice serves families in Miami-Dade, South Florida, and statewide.

Guardianship matters within the practice include emergency temporary guardianship, plenary guardianship, limited guardianship, and mental health guardianship. When a family’s situation calls for it, our team can review how a Marchman Act petition relates to a guardianship question.

If your child lives outside Florida, the location rule matters. Our guide on Marchman Act matters when family lives out of state explains how the county rule applies.

Common Questions Parents Ask Before Calling

Parents usually ask about cost, jail, and whether they need a lawyer before they call.

Do I need a lawyer to file a Marchman Act petition? A parent can file under the statute. A Marchman Act attorney can explain the petition’s requirements and the timing of each step.

What if my adult child lives in another state? The petition goes to the county where your child is located when it is filed.

Will my child be sent to jail? Under § 397.501, a person not accused of a crime may not be jailed, except for protective custody under the chapter.

What if we already tried treatment? Earlier treatment is part of the history the court hears. A petition is separate from voluntary treatment.

What does the first consultation cost? The firm offers a free first consultation, confidential and without obligation to continue (Spanish: consulta inicial gratuita, confidencial y sin compromiso).

Talk to a Marchman Act Attorney About Your Adult Child

If your adult child’s hospital visit has you weighing a Marchman Act petition, you do not have to sort out the law alone. To talk through what your family’s facts may mean, reach us at (561) 849-4149 or use the contact form.