Can You Force an Adult to Rehab in Florida? Marchman Act Guide

In most circumstances, no—you cannot unilaterally force an adult into addiction treatment. However, Florida law provides a court-supervised process called the Marchman Act that allows certain people to petition a court for involuntary commitment to addiction treatment. This page explains who has legal standing to file that petition and how the process actually works.

Can You Force an Adult to Go to Rehab in Florida?

In Florida, adults generally cannot be forced into addiction treatment without a court order, except through the civil commitment process created by the Marchman Act.

The key distinction is this: the court makes the decision to order treatment, not you. Your role is to present evidence to the court that statutory criteria are met. Under the governing Florida statute, the court may, in its discretion, order the respondent into treatment, and the outcome depends on the court’s findings and the circumstances of each case.

Who Can File a Marchman Act Petition?

Eligible petitioners include:

• Depending on the type of petition and the applicable provisions of Florida law, certain family members may be among those permitted to file a Marchman Act petition under Chapter 397, Florida Statutes. Other requirements may also apply, and the court decides based on the statute and the circumstances of each case. Other requirements may apply, and the court decides whether a petition may proceed based on the evidence and its discretion.
• Other requirements may apply, and the court decides.

The petitioner does not need to be a lawyer—but the petition must meet specific statutory requirements and be filed in the circuit court of the county where the respondent resides or is present.

What If Someone Doesn’t Want to Go to Rehab?

Refusal alone does not prevent a Marchman Act petition.

1. Substance abuse that poses a threat. The person’s substance abuse creates a substantial threat to their physical health, mental health, or safety—or to the health or safety of others.
2. Loss of self-control. Section 397.675, Florida Statutes, sets out the findings required for involuntary admission, which include more than the items described here, and other requirements may apply. The court decides.

If the court finds these criteria met, it can order the respondent into treatment regardless of their consent. The respondent has the right to be heard, to contest the petition in court, and to be represented by counsel appointed by the court.

Can I Force My Adult Child to Go to Rehab?

Under the Marchman Act, a parent of an adult child may be among the persons permitted to file a petition for involuntary services under § 397.695, Florida Statutes, though other statutory requirements also apply and the court decides whether a petition may proceed.

For example, you might testify about specific incidents, changes in behavior, loss of employment, legal troubles, or health consequences. The court will examine the evidence you present and may order treatment if statutory criteria are satisfied.

The same applies if you are an adult child seeking to file a petition for a parent, or a sibling seeking to file for a sibling. Florida law sets out who may petition and what the petition must show, and the court decides these questions based on the statute and the evidence.

Can You Put a Family Member in Rehab?

Through the Marchman Act process, yes—but only if you have legal standing and can demonstrate that the criteria for involuntary commitment are met. Other family members (spouse, sibling, adult child) may also have standing to file.

The critical point: the court, not the family member, makes the final decision to order treatment. You petition the court. You present evidence. The court holds a hearing. The respondent has the opportunity to contest your petition. Then the judge decides.

This is distinct from voluntary admission, where the individual consents to treatment and enters on their own. Involuntary commitment through the Marchman Act is a court order, enforceable by law.

Understanding the Limits of Control

The Marchman Act provides the lawful mechanism to seek court-ordered treatment when voluntary options have failed or are unsafe. It is the proper channel for your concern.

What Is the Marchman Act?

Under Florida Statutes § 397.697, when the court finds that the conditions for involuntary treatment services have been proved by clear and convincing evidence, it may order the respondent to receive involuntary treatment services from a publicly funded licensed service provider for a period not to exceed 90 days. The court decides based on the evidence and its discretion, and other requirements may also apply.

The Act applies to adults and minors and covers alcohol and drug abuse. The process may begin with a petition filed in the circuit court, and a hearing may be held where evidence is presented, subject to the court’s schedule and discretion.

Court-Ordered Rehab and the Marchman Act Process

During this period, the respondent is evaluated by a qualified professional to determine whether the statutory criteria are met.

A full hearing follows, where both the petitioner and respondent can present evidence and testimony.

If the court finds the statutory criteria are met, it may order the respondent into treatment.

Frequently Asked Questions

Robinson & Casey handles Marchman Act petitions and can review your specific circumstances to advise you on standing, eligibility, and next steps. When a family member’s addiction threatens their health or safety, you don’t have to navigate this alone. Contact us to discuss your situation and explore whether a Marchman Act petition is appropriate for you.