Marchman Act Help for Your Young Adult in Florida

When Your Adult Child Is Still at Home, Still Using, and Still Refusing Help

A Marchman Act petition is a court filing that can ask a Florida judge to order assessment and treatment for an adult who is substance abuse impaired. A parent can file one, because any relative may file for an adult under Fla. Stat. § 397.68112.

You may be up at night, listening for the front door. Your child is 21, sleeps in the old bedroom, keeps using, and says no to treatment again. You have paid for programs, tried interventions, and held firm on boundaries. Each new crisis still leaves you handling it alone.

Maybe a recent overdose, a hospital visit, an arrest, or a day when no one knew where your child was pushed you to look for another way.

If your child is in immediate danger, call 911 first. This page explains how the Marchman Act process works and when it may fit your family’s situation.

What the Marchman Act Is and Who It Covers

The Marchman Act is Florida’s legal process for assessment and treatment of people whose substance use impairs them. The Florida Department of Children and Families describes it as covering adults and youth severely impaired by substance abuse.

Three points matter most for a parent:

• Every case is different. Whether a petition fits your adult child’s situation depends on the specific facts, and a consultation with Robinson Casey is the way to review them.
• A relative can file. The statute allows a relative, spouse, legal guardian, service provider, or an adult with direct personal knowledge of the impairment and prior treatment to file.
• It is a court process for treatment. It is not a criminal charge. The judge decides whether treatment is ordered.

Does the Marchman Act Fit Your Child’s Situation?

The petition must give the reason you believe your child is substance abuse impaired and has lost the power of self-control over substance use (Fla. Stat. § 397.68141). It must also give the reason you believe your child either risks physical harm to self or others, or refuses care because impaired judgment keeps them from understanding the need for it.

The court’s own test asks whether there is a good faith reason to believe these criteria are met (Fla. Stat. § 397.675).

Facts matter more than labels. Write down what you saw, when it happened, and who else saw it. Parents often make two mistakes: they describe the problem in general words like “he’s getting worse,” or they leave out dates. A dated timeline helps before the first consultation.

Whether your family’s facts fit the statute depends on the facts. That review is what the first consultation is for.

How the Petition and Hearing Work, Step by Step

The process runs from consultation to filing, notice, assessment, and a hearing, and the court works on set time limits once it acts.

1. Consultation. We review your child’s history, what has been tried, and whether a petition fits.
2. Drafting and sworn facts. The petition names your child as respondent and you as petitioner, and states the facts. A document verified by written declaration carries a penalty: a knowingly false declaration is a third-degree felony (Fla. Stat. § 92.525).
3. Filing in the right county. The petition goes to the clerk in the county where your child is physically located, and the clerk may not charge a filing fee (Fla. Stat. § 397.681). In Miami-Dade, the Miami-Dade Clerk directs adult cases to Probate Court. A petition filed in the wrong county is a venue problem; the J.P. v. J.N. opinion says the remedy is transfer, not dismissal.
4. Notice and scheduling. The court must set a hearing within 10 court working days unless a continuance is granted. Your child receives a copy of the petition and the notice (Fla. Stat. § 397.68151). In an emergency, the court may act on the petition alone and enter an ex parte order (Fla. Stat. § 397.6818).
5. Assessment and hearing. In an emergency, the court may rely solely on the contents of the petition and, without appointing an attorney, enter an ex parte order for your child’s involuntary assessment and stabilization, which must be carried out while the hearing on the petition is pending.
6. The court’s order. If the court finds the conditions proved by clear and convincing evidence, it may order involuntary treatment for up to 90 days (Fla. Stat. § 397.697). Early release is possible when the person no longer meets the criteria for involuntary admission and has given informed consent to be transferred to voluntary treatment status, or on other grounds listed in the statute (Fla. Stat. § 397.6971).

What You Can Control and What You Cannot

You control your facts, your timeline, and your follow-through. You do not control the judge’s ruling or how your child responds.

Within your control:

• Dated, accurate notes about each incident
• Records you can gather, such as hospital or treatment paperwork
• Attending the consultation and following counsel’s filing instructions

Outside your control:

• The judge’s decision
• How your child reacts to the notice or the hearing
• The treatment program, and how long recovery takes

One point matters here. Every case turns on its own facts, so how the court applies the law to your family’s situation should be reviewed with a lawyer. In one case, the appeals court reversed after the trial judge called and questioned the only witness while the petitioner was absent (J.C. v. State). A later Fifth District decision applied the same rule under the 2023 statute (C.W.R.K.). The Fourth District reached a different result and certified conflict, so this rule is not settled statewide (J.J.J. v. D.G.).

No lawyer can promise how a court will rule.

Your Biggest Fears: Overdose, Jail, Homelessness, and Losing Hope

A petition cannot stop an overdose on its own. Danger right now calls for 911 and emergency care.

• Overdose or death. A petition can start a court-ordered assessment and treatment process, but the court sets that timing. If your child may overdose today, call 911 first.
• Incarceration. The Marchman Act is a court process for treatment, not a criminal charge. Criminal matters are handled separately.
• Homelessness. The petition addresses treatment. Housing is a separate question, so raise it with counsel before the hearing.
• Losing hope. Years of effort wear a family down. When voluntary steps have not worked, a court process is one legal option to consider.

Why Families Work With Robinson Casey

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. It serves families across South Florida, including Miami-Dade County, and statewide.

• Richard J. Casey III, Esq. is the responsible lawyer for this page.
• Services include Marchman Act attorney work, guardianship attorney matters, emergency temporary guardianship, plenary guardianship, limited guardianship, mental health guardianship, and involuntary commitment for addiction.
• Our support staff helps with scheduling and paperwork, so you don’t handle every step alone.
• Our team reviews your facts with you before any filing decision.

Questions Parents Ask Before the First Call

Talk Through Your Child’s Situation Before the Next Overdose or Hearing

If your adult child is still using at home and refusing treatment after a recent crisis, you don’t have to decide alone whether a petition fits. Call (561) 849-4700 or use our consultation form to talk with our team.