Marchman Act Attorney Miami-Dade: Son Left Treatment

If your son left treatment in Florida, you may feel like you’re back at the start. You’ve paid for care, tried new programs and held firm on boundaries, and the crisis still keeps coming back.

So, what can you do? A Marchman Act petition asks a Florida court to order assessment and treatment for an adult with substance use impairment. A relative can file one. Whether a judge grants it depends on the facts, and no result can be promised.

Your adult child left treatment. Is there still a legal path?

Yes. Parents often reach this point after a discharge, an overdose, a hospital stay or an arrest, and they ask the same question: what now?

You may have already spent years on bills, interventions and boundaries. That effort was real, and it doesn’t mean you failed. A court petition is a different tool. It asks a judge to look at your adult child’s current condition and the risks it creates.

The useful question is not whether you tried hard enough. It is what facts show your adult child meets the legal criteria today.

What is a Marchman Act petition, and who can file one?

A Marchman Act petition is a request to a Florida court for involuntary assessment and treatment of an adult with substance abuse impairment.

If the person is an adult, a petition may be filed by a spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the impairment and of the prior course of assessment and treatment. See Fla. Stat. § 397.68112.

The petition goes to the clerk of the court in the county where the person is located. The clerk may not charge a filing fee for it, under Fla. Stat. § 397.681. Location matters. In J.P. v. J.N., Florida’s Fifth District Court of Appeal held that filing in the wrong county is a venue problem, not a loss of the court’s power to hear the case.

Voluntary care is your adult child’s choice. Involuntary treatment depends on whether the legal criteria for involuntary admission are met. A family decision alone does not make it happen.

How does the process work, step by step?

The process runs from a written petition to a court hearing. Here is what usually happens.

1. Gather the facts. Write down the date your adult child left, plus any overdose, hospital visit, arrest or disappearance since then.
2. If your adult child was never assessed or refused one, the petition must say so. See Fla. Stat. § 397.68141.
3. Address any emergency. If the petitioner asserts that an emergency exists, or the court finds one on reviewing the petition, the court may enter an ex parte order for assessment and stabilization, under Fla. Stat. § 397.6818. A provider may not hold the person for more than 72 hours of observation unless a listed exception applies, under Fla. Stat. § 397.6818.
4. Wait for the hearing. The court must schedule a hearing within 10 court working days unless a continuance is granted, under Fla. Stat. § 397.68151. Your adult child receives a copy of the petition and the notice.

Timing varies by county and court schedule, so local calendars can shift the dates.

What evidence does the court look for?

The petitioner must prove the case by clear and convincing evidence. Dated, specific facts carry the most weight. See Fla. Stat. § 397.6957.

The court hears all relevant evidence, including testimony from family members who know the person’s history.

Useful records include:

• Dates and details of each episode you saw or know about personally
• Discharge papers and any hospital or treatment notes you have
• Police reports or messages that show the crisis

General worry is hard for a judge to weigh. In J.C. v. State, the Fifth District reversed where the trial court questioned the only witness after the petitioner was absent. That is Fifth District case law, and it shows why the petitioner must carry the case.

Avoid confronting or threatening your adult child in ways that create new danger. Start a simple, dated log today.

Your fears, answered honestly

Your fears are real, and the law speaks to some of them directly. No court outcome can be promised, though.

• Overdose or death. A court may order treatment for a period not to exceed 90 days once the conditions are proved by clear and convincing evidence, under Fla. Stat. § 397.697. That order does not promise recovery.
• Incarceration. 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 protective custody in strict accordance with this chapter, per Fla. Stat. § 397.501.
• Homelessness or disappearance. Don’t wait for the next crisis to seek help. A petition rests on what you can document now, so write down recent events while they are fresh.
• Losing hope. Managing every crisis alone wears people down. A court process gives you a defined path, with a lawyer focused on these petitions working alongside you.

Why do families work with Robinson Casey?

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

Richard J. Casey III, Esq. is the responsible lawyer for this page. Our team includes support staff who handle office and scheduling work, so you can focus on your family.

We explain each step in plain language and focus on the facts you bring. The first consultation is free, confidential and without obligation to continue.

Frequently asked questions

Here are short answers to the questions parents ask most often.

Talk with Robinson Casey about your situation

If your son left treatment and you don’t know your next move, you don’t have to work through the court process alone. Bring your dates, notes and questions. Call (561) 849-4149, or request a consultation when you’re ready.