Marchman Act Assessment in Florida: A Step-by-Step Guide

When a Family Starts Asking About a Marchman Act Assessment

In Florida, the process starts with a petition filed with the court, and it can move quickly once a judge acts.

Maybe your son or daughter keeps refusing help. Maybe they’ve been hospitalized more than once, or they’re putting themselves or others at risk. Maybe bills go unpaid, or money keeps disappearing from accounts.

Families in this spot often share the same fears. They worry about irreversible harm. They worry their loved one will be financially exploited. They worry about dangerous decisions and another crisis that ends in an emergency room.

This guide walks through the process in order. You’ll see who can file, what a petition must say, what the court does next, and what a hearing looks like. Knowing the steps can help you decide what to do next.

What the Marchman Act Is and Where the Assessment Fits

The Marchman Act is Florida’s law for involuntary assessment, stabilization and treatment of people with substance use problems. The Florida Department of Children and Families publishes general information about the Marchman Act.

The assessment is the first stage. It is not the final treatment order. When a person has not been assessed, the court can issue an assessment and stabilization order to decide what level of treatment is needed.

A treatment order is a separate step. The court may order treatment for up to 90 days, but only when the conditions are proved by clear and convincing evidence. See Fla. Stat. § 397.697.

For a full overview, read our Marchman Act attorney guide.

How an Involuntary Assessment Begins: The Petition

A petition for involuntary treatment must be filed with the clerk of the court in the county where the person is located. The clerk may not charge a fee for filing it, under Fla. Stat. § 397.681.

For an adult, the 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 prior care. That list comes from Fla. Stat. § 397.68112. A sibling or adult child may qualify if they fit one of those categories.

The petition must name the person and the petitioner. It must state how they are related. It must also give the facts behind the concern.

A dated list of incidents helps. Write down what happened, when, who was there, and what the person said or did. The law asks for facts, not general worry.

Venue can also be a problem. In J.P. v. J.N., the Fifth District held that filing in the wrong county did not take away the circuit court’s jurisdiction. It was a venue defect.

Who Conducts the Assessment and Where It Takes Place

A licensed service provider handles the clinical assessment. A qualified professional at that provider examines the person, not the courtroom. In an emergency, the court may order a law enforcement officer to take the person into custody and deliver them for evaluation to the nearest appropriate licensed service provider or a provider the court designates. See Fla. Stat. § 397.6818.

In an emergency, the court may rely only on the petition. It can then enter an ex parte order for assessment and stabilization without first appointing a lawyer. That order must be carried out while the hearing is pending.

The petition has to support that order. In D.H. v. K.J.R., the Second District held that the trial court erred when the petition did not establish a good faith reason to believe the person met the criteria.

A provider generally may not hold a person for more than 72 hours of observation. Exceptions exist. Signs of withdrawal, a need for detox or medical treatment, or an observation period ending on a weekend or holiday can change the timing. Those limits are set out in Fla. Stat. § 397.6818.

What the Assessment Evaluates

The assessment checks whether the person meets the statutory criteria for involuntary admission. The criteria are in Fla. Stat. § 397.675.

The first part asks whether there is 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. It also asks whether, because of that impairment, the person has lost the power of self-control with respect to substance use.

The second part has two options. The person needs services but cannot understand that need and make a rational decision about it. Or, without care, the person is likely to neglect themselves, or there is a substantial likelihood that the person has inflicted, threatened, or attempted physical harm on themselves or another, or is likely to inflict such harm unless admitted. That neglect must pose a real and present threat of substantial harm, and family or other help must not be an apparent answer.

Refusing help is not enough by itself. The statute says mere refusal to receive services does not prove a lack of judgment. Fla. Stat. § 397.675 reads: “(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.”

Family members play a real role. The court hears testimony from people familiar with the person’s prior history and current condition. The court may also order drug tests, according to Fla. Stat. § 397.6957. Prior assessments and treatment records also matter, because the law looks at the person’s course of care.

Stabilization, Findings and the Court Hearing

The court must schedule a hearing within 10 court working days unless it grants a continuance. The respondent, the respondent’s attorney if known, and the petitioner receive a copy of the petition and notice of the hearing under Fla. Stat. § 397.68151, along with the respondent’s parent, guardian, or legal custodian if a minor, the respondent’s spouse or guardian if applicable, and such other persons as the court may direct.

A person generally cannot be ordered into treatment without a clinical assessment. The exception is when the person is in court and expressly waives the assessment. The qualified professional must file the report by the close of business the day before the hearing. The report must recommend a level of treatment, if any.

At the hearing, testimony is taken under oath and recorded. The respondent may refuse to testify. Witnesses may remotely attend and, as appropriate, testify at the hearing under oath via audio-video telecommunications technology, per Fla. Stat. § 397.6957. A witness intending to remotely attend and testify must provide the parties with all relevant documents by the close of business on the day before the hearing.

A judge who calls and questions the only witness when the petitioner is absent has acted improperly. See J.C. v. State and C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare.

The Fourth District reached a different result in J.J.J. v. D.G. and certified conflict. So this rule is Fifth District law, and the 2024 amendments may affect the dispute.

Florida Marchman Act Requirements in Plain Language

A Marchman Act case needs a proper petition, facts showing impairment and lost self-control, a clinical assessment, and a court hearing. The main requirements are:

• Who may file: for an adult respondent, a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge; for a minor, a parent, legal guardian, or service provider (§ 397.68112).
• Petition contents: the names of the respondent and petitioner, their relationship, the respondent’s attorney if known, and the factual allegations showing the need for involuntary services (§ 397.68141).
• Filing location: the county where the person is located, with no clerk fee (§ 397.681).
• Treatment order: clear and convincing evidence, up to 90 days (§ 397.697).

The right to counsel matters here too. The respondent may have an attorney at every stage, and a court can appoint one if the respondent cannot afford it. The Second District has said due process supports that right in Hillsborough County v. Albrechta.

Each stage has deadlines. Keep copies of every notice and order you receive.

How Long the Process Takes and Whether a Petition Can Be Dropped

Timelines are set by statute, and how a case ends depends on the facts. Here are the main time limits from Chapter 397:

• Emergency observation: generally 72 hours, with listed exceptions (§ 397.6818).
• Hearing: within 10 court working days, unless continued (§ 397.68151). Fla. Stat. § 397.68151 reads: “(2) The court shall schedule a hearing to be held on the petition within 10 court working days unless a continuance is granted.”
• Treatment order: up to 90 days (§ 397.697).
• Renewal: a renewal petition must be filed before the period ends, and it may add up to another 90 days (§ 397.6975).

Can a Marchman Act case end without a treatment order? If the respondent is not assessed within 90 days, the court must dismiss the case.

Bring these timing questions to a consultation. Don’t assume the answer for your family.

Frequently Asked Questions About the Marchman Act Assessment

Here are short answers to common questions about a Marchman Act assessment treatment evaluation in Florida.

Talk With Robinson Casey About Your Family’s Situation

If you’re up at night worrying about a family member who can’t keep themselves safe, you don’t have to carry this alone. Robinson Casey limits practice to Marchman Act petitions and guardianship matters, serving families across South Florida and statewide. Richard J. Casey III, Esq., is the responsible lawyer for this page.

The first consultation is free, confidential and without obligation to continue. Call (561) 849-4149 or request a consultation to talk through your loved one’s situation.

Related reading:

• Marchman Act attorney guide
• Marchman Act attorney for alcohol use disorder in Florida
• Marchman Act attorney for prescription pill addiction in Florida
• Marchman Act attorney for adult child cocaine use in Florida