Helping Families Act for a Homeless Adult Struggling with Substance Use

When Your Adult Child Has No Place to Sleep

Yes, a Marchman Act petition can be used for an adult who is homeless in Florida. The petitioner must prove by clear and convincing evidence that substance use has impaired the adult, that the adult has a history of not complying with substance abuse treatment, and that because of the impairment the adult is unlikely to voluntarily participate in recommended services or cannot determine whether services are necessary, and either: without services, the adult is likely to neglect themselves or refuse care, posing a real and present threat of substantial harm and a substantial likelihood of serious bodily harm in the near future, as shown by recent behavior; or the adult’s refusal of care rests on judgment so impaired that they cannot appreciate their need for care or make a rational decision about it.

Maybe the call came from a shelter. Maybe a hospital discharged your son with no address and no working phone. Maybe you have not known for days where your daughter is sleeping. You have already paid for treatment, set boundaries, and watched the crisis return anyway. Now the street makes everything feel more urgent.

You want a legal way to get your child assessed and into treatment, so you are not managing every emergency alone. Florida law offers a court path for that. It turns on specific facts, so knowing what a judge looks for can help you prepare. Each step below shows what the law says and what it means for your family.

What the Marchman Act Covers in Florida

The Marchman Act is Florida’s court process for adults whose substance use impairs them and who need assessment, stabilization, or treatment. The Florida Department of Children and Families describes it the same way.

It is built around substance use. Your facts should center on alcohol or drug use and what it has done to your child’s health, safety, and daily life.

It is a court process, not a single decision by one agency. A petition goes to the court, and the court must schedule a hearing within 10 court working days unless a continuance is granted.

A judge can order involuntary treatment only when the conditions are proved by clear and convincing evidence. Your family does not decide that question alone. The judge does, after a hearing.

Does Homelessness Alone Qualify an Adult?

The statute then gives two alternatives. The second is that, without care, the adult is likely to neglect themselves or refuse to care for themselves, and that poses a real and present threat of substantial harm; alternatively, there is a substantial likelihood the adult has inflicted, threatened, or attempted physical harm on themselves or another, or is likely to inflict it unless admitted. That neglect must pose a real and present threat of substantial harm. The second path also asks whether help from willing, able, and responsible family members or friends, or other services, could prevent that harm.

This is where sleeping outdoors fits. It can, however, be evidence of neglect, missing food or medicine, or a threat of harm. The judge weighs that evidence against the adult’s impairment. How strong the case is depends on the facts.

The Evidence a Court Looks For

A court looks for dated, specific facts that show substance impairment and the harm it has caused. A petition must name the adult and the petitioner, state how they are related, and give the reasons for the petition.

Those reasons cover three things. You explain why you believe your child is impaired. You explain why you believe your child has lost self-control over substance use. You explain the harm you fear, or why your child cannot see the need for care.

A timeline works better than a summary. Write down each incident with a date, a place, and what happened. Overdoses, emergency visits, hospital stays, arrests tied to drug or alcohol use, and days when your child was missing all count. So do times your child lacked food, a bed, medicine, or basic hygiene, and how substance use connected to those gaps.

Record refusals too. If your child turned down treatment or an evaluation, note the date and what was said. A petition may include a professional’s assessment from within 30 days of filing. If there was no assessment or a refusal, the petition must say so.

Appeals courts have also addressed who presents the case. In a Fifth District decision, the court reversed when the trial judge questioned a professional while the petitioner was absent. A Fourth District decision reached a different result, so the rule is not uniform across Florida. Plan to bring your own proof.

Who Can File, Where, and How the Process Moves

A parent is a relative, so a parent can file. (Fla. Stat. § 397.68112)

A petition can also be filed when the adult was recently held under protective custody or an emergency admission within the previous 10 days, or was assessed by a qualified professional within 30 days. (Fla. Stat. § 397.68111)

The petition goes to the clerk of the court in the county where the adult is located. The clerk may not charge a filing fee. (Fla. Stat. § 397.681) Location matters. In J.P. v. J.N., the Fifth District treated a petition filed in the wrong county as a venue problem, not a loss of jurisdiction. For an adult who moves between a shelter, a hospital, and a friend’s home, that question can be real.

Serving an adult with no fixed address is a practical hurdle. The clerk must send the summons to law enforcement within 6 hours after it is issued, unless the chief judge authorizes private process servers. (Fla. Stat. § 397.68151)

Under Fla. Stat. § 397.681, a respondent who wants counsel and is unable to afford private counsel has the right to court-appointed counsel and to the benefits of s. 57.081. Under Fla. Stat. § 397.681(2), a respondent has the right to counsel at every stage of a judicial proceeding relating to a petition for involuntary treatment for substance abuse impairment. In an emergency, the court may enter an ex parte assessment and stabilization order without first appointing an attorney. In an emergency, the court may enter an ex parte assessment and stabilization order without first appointing an attorney.

What a Court Order Can and Cannot Do

If the judge finds by clear and convincing evidence that the conditions have been proved, the order can require treatment for up to 90 days. The provider may be publicly funded. A privately funded provider is possible when the respondent has the ability to pay, or when any person on the respondent’s behalf voluntarily shows willingness and ability to pay. (Fla. Stat. § 397.697)

The court keeps jurisdiction after the order. It can enter further orders, including orders monitoring compliance with treatment. If the conditions are expected to continue after 90 days, a renewal petition can be filed before that period ends, by the service provider or by the person who filed the initial petition if it is accompanied by supporting documentation from the service provider.

Early release is also possible. When the conditions justifying treatment no longer exist, the person must be released as provided in § 397.6971.

The court hears relevant evidence, including testimony from family members who know the adult’s history. (Fla. Stat. § 397.6957) Your account can matter. A court order is a legal tool, not a cure. No lawyer can promise how an adult will respond to treatment.

Other Legal Paths When the Adult Child Cannot Decide for Themselves

If your adult child cannot make decisions for themselves because of more than substance use, guardianship may be another legal path to discuss. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters.

Each form fits a different need. Some protect an adult in an urgent situation. Others give help with certain decisions while leaving the rest to the adult.

The right tool depends on your child’s condition and what your family needs. Bring the dated facts about substance use and any evidence of trouble making decisions to the first conversation. Having both in one place makes the review more useful.

Talk Through Your Child’s Situation With Robinson Casey

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, serving families across Miami-Dade, South Florida, and statewide. Richard J. Casey III, Esq. is responsible for this page.

You may be lying awake, wondering whether the next night brings an overdose, an arrest, or a phone call you cannot answer. You may be asking whether a judge can make your child accept help. Those fears are real, and you do not have to sort them out alone.

To talk through your child’s situation, call (561) 849-4700 or request a consultation. The first consultation is free, confidential, and carries no obligation to continue.