Marchman Act Attorney Miami-Dade: Child Left Treatment

If your adult child left treatment against medical advice in Florida, you may be back to handling the crisis alone. Florida’s Marchman Act lets a family member ask a court to order assessment and treatment for an adult with substance abuse impairment.

This page covers who can file, what a judge looks at, what to gather, and what happens after a petition is filed. Every case turns on its own facts, so treat this as a starting point, not a final answer.

Where You Are Right Now: Your Adult Child Has Left Treatment

Leaving treatment against medical advice means the program recommended more care, and your child chose to leave anyway. Your first job is safety, not paperwork.

• If your child overdoses or is in immediate danger, call 911 right away.
• Ask the program for your child’s discharge record and the name of the clinician who saw them last.
• Write down what you saw and heard, with dates and times, while it’s fresh.
• Save the legal decision for a calmer moment. You can work through the court question once the crisis has passed.

What the Marchman Act Covers and Who Can File

A parent can petition a Florida court under the Marchman Act, which is found in Florida Statutes, Chapter 397. For an adult child, § 397.68112 allows a petition from a spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment. As a parent, you fall within “any relative.”

The petition must name your child as the respondent and state your relationship to them. It must also lay out the facts that support the request, as § 397.68141 requires.

Filing cost is one worry you can set aside. The clerk may not charge a fee to file, under § 397.681.

Location matters too. The petition goes to the county where your child is physically located. A Fifth District ruling in J.P. v. J.N. held that filing in the wrong county did not take away the court’s jurisdiction. If your child has refused care after a hospital stay, our guide on that situation walks through the same steps.

What a Court Looks at When Deciding Whether to Order Treatment

A court needs a good faith reason to believe your child meets the criteria, and it must find the conditions proven by clear and convincing evidence before ordering treatment. Under § 397.675, your child must be substance abuse impaired, or have a substance use disorder and a co-occurring mental health disorder, and have lost the power of self-control over substance use.

Refusing treatment alone is not enough. The statute says that mere refusal is not evidence of lack of judgment.

Judges hear testimony from family members about past history and how it ties to the current condition. They may also order drug tests, under § 397.6957.

Dated facts carry more weight than general worry. Describe recent overdoses, hospital visits, the treatment departure, missed appointments, and specific incidents, with dates and who saw them.

What to Gather Before You Talk With an Attorney

Bring a dated timeline, the treatment paperwork, and the names of people who saw your child’s condition to your first conversation with counsel.

• A dated timeline: the latest overdose, relapse, hospital stay, arrest, or disappearance, with dates and places.
• Treatment records: discharge papers and provider names and phone numbers, including the program your child left.
• Prior attempts: each past treatment, its dates, and why it ended, plus any refusals of care you know about.
• Witnesses: names and numbers for people who saw the behavior, such as relatives, roommates, or clinicians.
• Messages: texts and voicemails that show your child’s words or condition, saved as they are.

Treatment records are protected. Under 42 U.S.C. § 290dd-2, records of a substance use treatment program that is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States are confidential and can be shared only as federal law allows, such as by a court order. A provider may need that order before it shares records.

A petition may include a report from a qualified professional who examined your child within 30 days before filing. If your child was never assessed or refused assessment, the petition must say so, under § 397.68141.

What Happens After a Marchman Act Petition Is Filed

After filing, the court schedules a hearing, your child receives notice, and your child may have a lawyer at every stage. Here is the usual sequence.

1. Filing. The petition goes to the clerk in the county where your child is located.
2. Hearing date. The court schedules a hearing within 10 court working days unless a continuance is granted, under § 397.68151.
3. Notice. Your child receives a copy of the petition and the notice of hearing.
4. Counsel. Your child has the right to a lawyer at every stage, though your child may waive that right if present and the court finds the waiver is knowing, intelligent, and voluntary. If your child wants a lawyer and cannot afford private counsel, your child has the right to a court-appointed one, under § 397.681.
5. Hearing. Testimony is taken under oath and recorded. Your child may refuse to testify.
6. Order. If the court finds the conditions proven, it may order treatment for up to 90 days, under § 397.697.

In an emergency, the court may enter an ex parte assessment and stabilization order without appointing an attorney. A provider generally may not hold your child more than 72 hours for observation, unless a listed exception applies, under § 397.6818.

Your Fears, Answered Plainly

A Marchman Act petition aims to bring your child into assessment and treatment. No one can promise that it will prevent an overdose, jail time, or homelessness.

• Overdose or death: If there is immediate danger, call 911 first. Emergency care. The petition is a court process, not a substitute for emergency care. If someone is in immediate danger, call 911 first.
• Incarceration: The order itself concerns assessment and treatment. A court can, however, start contempt proceedings for violating a valid order, under § 397.697. Know that risk before you file.
• Homelessness: The order is about treatment. Housing and money decisions are separate, so plan them with advice of your own.
• Losing hope: A court order is one tool among several. It is not a cure, and you are allowed to set your own limits and look after your own health.

Why Robinson Casey Handles These Matters

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, serving families in Miami-Dade, South Florida, and statewide.

Richard J. Casey III, Esq. is the lawyer responsible for this page. Our team includes assistants and office staff who support the paperwork and scheduling these cases require.

A focused practice means the work centers on petitions, hearings, and the filings parents need. The firm also handles guardianship matters, including emergency temporary, plenary, limited, and mental health guardianship.

Frequently Asked Questions

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

Talk Through Your Next Step With Robinson Casey

If you are weighing whether a Marchman Act petition is the right next step, talk it through with us.

You are watching someone you love leave treatment, and you are deciding whether a court can help. Watching a loved one’s crisis unfold can feel overwhelming, and you do not have to sort out every next step on your own. Bring your timeline, and we will explain how the petition process applies to your facts, with no promise of any result. Call (561) 849-4149 or request a consultation.