Worried About a Son Who Is Using Drugs?

Finding out your adult child has been stealing money to buy pills is frightening. You want to know whether you can force treatment, and whether the law will back you up.

Florida has a court process built for this. It is the Marchman Act. The question is whether substance use has taken away your child’s self-control and ability to choose treatment.

Where You Are Right Now

Florida law may let you ask a court for treatment even when your adult child refuses it. Before you act, it helps to know what the law covers and where its limits are.

You have probably tried a lot already. You may have paid for treatment, set up interventions, changed the rules at home and held firm to your boundaries. Still, the pattern keeps getting worse. That kind of strain wears down even the most determined parent.

A recent overdose, a hospital stay, an arrest or a disappearance can push you toward a legal option. That reaction makes sense. This page explains the Florida process in plain terms. It covers what a petition involves, what the court does, and what the law can and cannot do. Nothing here predicts how your own case would end.

What the Marchman Act Is and Who It Covers

The Marchman Act is Florida’s law for court-ordered assessment and treatment of adults with substance abuse impairment. Under Florida Statutes § 397.68112, if the respondent is an adult, a petition for involuntary treatment services may be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment.

The main test is in Fla. Stat. § 397.675. A court can order involuntary admission when there is a good faith reason to believe the person is substance abuse impaired. The person must also have lost the power of self-control with respect to substance use. One more condition applies.

Refusing treatment is not enough by itself. The statute says mere refusal to receive services does not, by itself, show a lack of judgment about the need for services. The third condition can be met in either of two ways. Under Fla. Stat. § 397.675, the person either (a) needs substance abuse services and, because of the impairment, has judgment so impaired that he or she cannot appreciate the need for services and cannot make a rational decision about them, or (b) without care or treatment is likely to suffer from neglect or refuse self-care in a way that poses a real and present threat of substantial harm to his or her well-being, and it is not apparent that the harm can be avoided through the help of willing, able, and responsible family members or friends or other services, or there is a substantial likelihood that the person has inflicted, threatened or attempted to inflict, or, unless admitted, is likely to inflict physical harm on himself, herself, or another.

Does Stealing Money Change What You Can Do?

Stealing alone is not a listed test under the Marchman Act. The criteria in § 397.675 focus on impairment, lost self-control, and the need for services or a risk of harm. Theft is not on that list.

That doesn’t mean the theft is irrelevant. Money taken to buy pills can show that drug use is driving your child’s choices. It can also show risk to your child’s safety and to the people around them. Those are the points the court weighs.

The court hears all relevant evidence at the hearing. The statute names testimony from family members who know the person’s history as part of that evidence, in both cases where it relates to the current condition. § 397.6957

Here is where many parents go wrong. They list grievances, like lies, fights and lost trust, without tying them to substance use. Each event works better when you connect it to drugs. Note what was taken, when, what you believe it was used for, and what happened next.

Who Can File a Petition and What It Needs

For an adult, the statute allows a spouse, a legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the substance abuse impairment to file. § 397.68112 A parent is a relative, so a parent can file.

The petition must name your child and name you as the petitioner. It must state your relationship, the respondent’s attorney if known, and facts showing why you believe the person is impaired and has lost self-control. § 397.68141 The facts must also show a risk of physical harm, or judgment so impaired that your child cannot see the need for care.

A petition may include a report from a qualified professional who examined your child within 30 days before filing. If your child was never assessed, or refused an evaluation, the petition must say so.

The petition goes to the clerk of court in the county where your child is physically located. The clerk may not charge a fee to file it. § 397.681 The courts have jurisdiction over involuntary treatment petitions for substance abuse impaired persons, and the petition must be filed with the clerk of the court in the county where the person is located. J.P. v. J.N.

Before you call a lawyer, start a written timeline. Record dates, places, what happened, who was there, any overdose or hospital visit, money or property taken, and past treatment attempts. Clear details help a lawyer understand your situation faster.

What the Court Process Looks Like

Whether a judge orders treatment depends on the facts and the evidence presented. The process itself follows a clear path.

The court must schedule a hearing within 10 court working days, unless a continuance is granted. § 397.68151 Your child receives a copy of the petition and notice of the hearing. The court must immediately determine whether your child is represented by an attorney or whether appointing one is appropriate, and it may appoint a lawyer for your child. § 397.681

At the hearing, the court can order drug tests and takes testimony under oath. At the hearing, your child must be present unless the court finds that he or she knowingly, intelligently, and voluntarily waives the right to be present or that presence is inconsistent with his or her best interests or likely to be injurious to self or others, and the court reviews the clinical assessment done by a qualified professional. § 397.6957

If the conditions are proved by clear and convincing evidence, the court may order treatment for a period not to exceed 90 days. § 397.697

Emergencies can move faster. When the petitioner asserts an emergency, the court may rely on the petition and enter an ex parte assessment and stabilization order without appointing an attorney. § 397.6818

One appellate rule matters here. In the Fifth District, the petitioner carries the burden of proof, and the judge may not take over the petitioner’s role when the petitioner is absent. J.C. v. State A Fourth District court has taken a different view on a related point, so treat this as Fifth District law, not a rule for the whole state.

Your Fears, Answered Plainly

Overdose and death are the fears that drive most searches like this one. A court order is one legal route to assessment and treatment. The law also allows early release once the conditions for treatment no longer exist. § 397.6971

Incarceration is another fear. Florida law says a person who is not accused of a crime may not be detained or incarcerated in jails, except for protective custody under the chapter. § 397.501

Homelessness is harder to answer. A petition cannot tell you where your child will live. What it does is bring the question of treatment before a judge.

Losing hope is the fear underneath the others. You have tried many things already. Knowing what a legal option involves can help you choose your next step, rather than facing each crisis alone.

Quick Answers

Talk Through Your Situation With Robinson Casey

If your adult child is stealing to buy pills, a short conversation can show how Florida law applies to your facts. Robinson Casey is a Florida law firm that limits its practice to Marchman Act petitions and guardianship matters for families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.

You have been holding this together for a long time. You don’t have to work out the court side by yourself. Call (561) 849-4700 or request a consultation. The first consultation is free, confidential and without obligation to continue (Spanish: consulta inicial gratuita, confidencial y sin compromiso).