If Your Son Refuses to Attend His Marchman Act Hearing

When Your Child Says, “I’m Not Going to Court”

If your son refuses to go to a Marchman Act hearing in Florida, the case doesn’t end. The court can keep moving, and the statute gives it steps to get him evaluated.

You may be reading this after another overdose, a relapse, a hospital stay, or an arrest. Someone may have told you a hearing date is set. Now your son has said he won’t attend, and you’re left wondering what happens next.

This page explains that process in plain terms. It covers what the court can do when the named person stays away, what the hearing involves, and the mistakes that can weaken a family’s position. For the full picture, read our Marchman Act attorney guide.

What a Marchman Act Petition Asks the Court to Do

A Marchman Act petition asks a Florida court to order an assessment and, when the law allows, involuntary treatment for a person with substance abuse impairment. It is a court filing, so notice and a hearing follow it.

The goal is to get the person evaluated by a qualified professional and into treatment when voluntary options have not worked. Families usually reach this point after many attempts at help.

Under Fla. Stat. § 397.68112, an adult’s 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 treatment history. A parent is a relative, so a parent may file.

The petition must also explain why the petitioner believes the person is impaired and at risk. Fla. Stat. § 397.68141 sets out what the petition must contain. Where it is filed matters too. Under Fla. Stat. § 397.681, the petition goes to the clerk in the county where the person is located, and the clerk may not charge a fee to file it.

Can Someone Legally Refuse to Attend the Hearing?

A refusal to attend does not end the case. Fla. Stat. § 397.6957 says the respondent must be present at the hearing unless the court finds a knowing, intelligent, and voluntary waiver, or finds that presence is inconsistent with his best interests or likely to be injurious to self or others. The law expects him to attend: the respondent must be present at the hearing unless the court finds a knowing, intelligent, and voluntary waiver or the other findings the statute allows.

The person also has rights. Under Fla. Stat. § 397.681, a respondent has the right to counsel at every stage, though the respondent may waive that right if present and the court finds the waiver is knowing, intelligent, and voluntary. If the court believes the respondent needs or wants a lawyer, it must appoint one, whatever the respondent’s wishes. Under Fla. Stat. § 397.681, a respondent has the right to counsel at every stage of a judicial proceeding on a petition for involuntary treatment for substance abuse impairment, unless the respondent waives that right knowingly, intelligently, and voluntarily while present.

Families often ask why a person would refuse. Common reasons include fear, denial, shame, and distrust of the family. These feelings are real. They do not change the court’s steps, and no one can predict how a judge will rule.

What the Court and Law Enforcement Can Do When the Person Does Not Appear

When the named person does not appear for any reason, including lack of service, and, after reviewing the petition, testimony, and evidence, the court reasonably believes he meets the commitment criteria and that a substance abuse emergency exists, the court may issue or reissue an ex parte assessment and stabilization order valid for 90 days. If his location is known at the time of the hearing, the court must continue the case for no more than 10 court working days and may order law enforcement or another designated agent of the court to take him into custody for evaluation. Under Fla. Stat. § 397.6818, the court may order an officer or designated agent to take the respondent into custody and deliver him to a licensed service provider.

Timing is tight. Under Fla. Stat. § 397.68151, the clerk must send the summons to a law enforcement agency within 6 hours after it is issued. The exception is when a circuit court’s chief judge authorizes disinterested private process servers to serve parties under this chapter. The same section requires copies of the petition and hearing notice to go to the respondent (and, for a minor, the respondent’s parent, guardian, or legal custodian), the respondent’s attorney if known, the petitioner, the respondent’s spouse or guardian if applicable, and any other persons the court directs.

The court has another option.

Service records matter.

What Happens at the Hearing Without the Person Present

At the hearing, the court hears the petitioner and witnesses, reviews the evidence, and considers the assessment results. The petitioner still carries the burden of proof, and this is the part many families do not expect.

A judge who called and questioned the only witness while the petitioner was absent acted as the absent petitioner, so the order was reversed. Under C.W.R.K., the trial court departed from the governing statute when, without the petitioner present, it called and questioned the health care professional who executed the involuntary services certificate. The Fourth District reached a different result in J.J.J. v. D.G. and certified conflict. In J.J.J. v. D.G., the court affirmed and certified conflict with R.S., J.W., and C.W.R.K., for the reasons stated above.

The statute does allow family testimony. Under Fla. Stat. § 397.6957, the court hears family members familiar with the respondent’s history, and the court may order drug tests. Remote witnesses must give the parties their documents by the close of business the day before the hearing.

Dated, specific records help. A clear timeline of overdoses, treatment attempts, hospital visits, and arrests gives the court facts to weigh. The court decides based on the law and the record, and outcomes depend on the facts of each case.

How Long the Process Can Take

The case moves in stages: the petition, the summons and notice, any custody or assessment step, the hearing, and any treatment order. Each stage has its own clock.

The court must schedule the hearing within 10 court working days unless a continuance is granted, under Fla. Stat. § 397.68151. A service provider may hold the respondent for no more than 72 hours of observation under Fla. Stat. § 397.6818. Exceptions apply. They include a court-granted extension after a hearing, signs of withdrawal or a need for detox or medical treatment, and an observation period that ends on a weekend or holiday.

If the court finds the conditions proved by clear and convincing evidence, it may order involuntary treatment for up to 90 days, under Fla. Stat. § 397.697. A renewal may add up to another 90 days, under Fla. Stat. § 397.6975.

Time limits also apply to assessments.

Mistakes That Can Hurt a Family’s Position

These are common patterns that weaken a case. Each one is worth avoiding.

• Waiting until a crisis. Gathering records and dates in the middle of an emergency leaves little time. When the respondent does not appear and his location is known, the court must continue the case for no more than 10 court working days.
• Missing notice or service steps. An ex parte order not executed by the initial hearing date is void. Incomplete service can stall a case.
• Filing in the wrong county. However, in J.P. v. J.N., the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction. This matters for Miami-Dade and South Florida families whose son may be in a different county.
• Telling different stories. Statements that conflict with the petition or your records can hurt your credibility.
• Handling court steps without a plan. Decide early who will attend, who will speak, and who will gather documents.

Talking With Your Child Before the Hearing

Telling your child about a court date can be one of the hardest conversations you have. You may feel you have run out of options, and you may be afraid of his reaction.

A calm, factual talk about why the hearing exists can reduce surprise. It won’t ensure he cooperates, and it doesn’t need to be perfect. You don’t need every answer before you get help.

Your son also has a right to a lawyer. He may ask the court to appoint an attorney if he cannot afford one.

Frequently Asked Questions

Talk Through Your Son’s Situation With Robinson Casey

If your son has told you he won’t go to court, you may be bracing for another overdose, another arrest, or losing him to the streets. You don’t have to plan the next steps alone. Call (561) 849-4149 or request a consultation to talk through the timeline, the notice steps, and what the court may do if your son does not attend. The first consultation is free, confidential, and without obligation to continue.

Richard J. Casey III, Esq. is the responsible attorney for this page. Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide.