{"id":15061,"date":"2026-10-29T01:31:58","date_gmt":"2026-10-29T01:31:58","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-attorney-treatment-assessment-what-happens-florida\/"},"modified":"2026-10-29T05:02:58","modified_gmt":"2026-10-29T05:02:58","slug":"marchman-act-attorney-treatment-assessment-what-happens-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-attorney-treatment-assessment-what-happens-florida\/","title":{"rendered":"Marchman Act Assessment Florida: Step-by-Step Guide"},"content":{"rendered":"\n
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Marchman Act Petitions | South Florida<\/p>

Marchman Act Assessment in Florida: A Step-by-Step Guide<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade and across South Florida. Here is how the process generally works and how to prepare.<\/p>

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By Richard J. Casey III, Esq. \u00b7 Published October 28, 2026<\/p>\n\n

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When a Family Starts Asking About a Marchman Act Assessment<\/h2>\n

In Florida, the process starts with a petition filed with the court, and it can move quickly once a judge acts.<\/p>\n

Maybe your son or daughter keeps refusing help. Maybe they’ve been hospitalized more than once, or they’re putting themselves or others at risk. Maybe bills go unpaid, or money keeps disappearing from accounts.<\/p>\n

Families in this spot often share the same fears. They worry about irreversible harm. They worry their loved one will be financially exploited. They worry about dangerous decisions and another crisis that ends in an emergency room.<\/p>\n

This guide walks through the process in order. You’ll see who can file, what a petition must say, what the court does next, and what a hearing looks like. Knowing the steps can help you decide what to do next.<\/p>\n\n

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If you're worried about a family member who can't keep themselves safe, you don't have to work out the court process alone, and we're glad to talk it through with you. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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\"Overhead<\/figure>\n

What the Marchman Act Is and Where the Assessment Fits<\/h2>\n

The Marchman Act is Florida’s law for involuntary assessment, stabilization and treatment of people with substance use problems. The Florida Department of Children and Families<\/a> publishes general information about the Marchman Act.<\/p>\n

The assessment is the first stage. It is not the final treatment order. When a person has not been assessed, the court can issue an assessment and stabilization order to decide what level of treatment is needed.<\/p>\n

A treatment order is a separate step. The court may order treatment for up to 90 days, but only when the conditions are proved by clear and convincing evidence. See Fla. Stat. \u00a7 397.697<\/a>.<\/p>\n

For a full overview, read our Marchman Act attorney guide<\/a>.<\/p>\n

How an Involuntary Assessment Begins: The Petition<\/h2>\n

A petition for involuntary treatment must be filed with the clerk of the court in the county where the person is located. The clerk may not charge a fee for filing it, under Fla. Stat. \u00a7 397.681<\/a>.<\/p>\n

For an adult, the 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 prior care. That list comes from Fla. Stat. \u00a7 397.68112<\/a>. A sibling or adult child may qualify if they fit one of those categories.<\/p>\n

The petition must name the person and the petitioner. It must state how they are related. It must also give the facts behind the concern.<\/p>\n

A dated list of incidents helps. Write down what happened, when, who was there, and what the person said or did. The law asks for facts, not general worry.<\/p>\n

Venue can also be a problem. In J.P. v. J.N.<\/a>, the Fifth District held that filing in the wrong county did not take away the circuit court’s jurisdiction. It was a venue defect.<\/p>\n

Who Conducts the Assessment and Where It Takes Place<\/h2>\n

A licensed service provider handles the clinical assessment. A qualified professional at that provider examines the person, not the courtroom. In an emergency, the court may order a law enforcement officer to take the person into custody and deliver them for evaluation to the nearest appropriate licensed service provider or a provider the court designates. See Fla. Stat. \u00a7 397.6818<\/a>.<\/p>\n

In an emergency, the court may rely only on the petition. It can then enter an ex parte order for assessment and stabilization without first appointing a lawyer. That order must be carried out while the hearing is pending.<\/p>\n

The petition has to support that order. In D.H. v. K.J.R.<\/a>, the Second District held that the trial court erred when the petition did not establish a good faith reason to believe the person met the criteria.<\/p>\n

A provider generally may not hold a person for more than 72 hours of observation. Exceptions exist. Signs of withdrawal, a need for detox or medical treatment, or an observation period ending on a weekend or holiday can change the timing. Those limits are set out in Fla. Stat. \u00a7 397.6818<\/a>.<\/p>\n

What the Assessment Evaluates<\/h2>\n

The assessment checks whether the person meets the statutory criteria for involuntary admission. The criteria are in Fla. Stat. \u00a7 397.675<\/a>.<\/p>\n

The first part asks whether there is a good faith reason to believe the person is substance abuse impaired or has a substance use disorder and a co-occurring mental health disorder. It also asks whether, because of that impairment, the person has lost the power of self-control with respect to substance use.<\/p>\n

The second part has two options. The person needs services but cannot understand that need and make a rational decision about it. Or, without care, the person is likely to neglect themselves, or there is a substantial likelihood that the person has inflicted, threatened, or attempted physical harm on themselves or another, or is likely to inflict such harm unless admitted. That neglect must pose a real and present threat of substantial harm, and family or other help must not be an apparent answer.<\/p>\n

Refusing help is not enough by itself. The statute says mere refusal to receive services does not prove a lack of judgment. Fla. Stat. \u00a7 397.675<\/a> reads: “(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.”<\/p>\n

Family members play a real role. The court hears testimony from people familiar with the person’s prior history and current condition. The court may also order drug tests, according to Fla. Stat. \u00a7 397.6957<\/a>. Prior assessments and treatment records also matter, because the law looks at the person’s course of care.<\/p>\n

Stabilization, Findings and the Court Hearing<\/h2>\n

The court must schedule a hearing within 10 court working days unless it grants a continuance. The respondent, the respondent\u2019s attorney if known, and the petitioner receive a copy of the petition and notice of the hearing under Fla. Stat. \u00a7 397.68151<\/a>, along with the respondent\u2019s parent, guardian, or legal custodian if a minor, the respondent\u2019s spouse or guardian if applicable, and such other persons as the court may direct.<\/p>\n

A person generally cannot be ordered into treatment without a clinical assessment. The exception is when the person is in court and expressly waives the assessment. The qualified professional must file the report by the close of business the day before the hearing. The report must recommend a level of treatment, if any.<\/p>\n

At the hearing, testimony is taken under oath and recorded. The respondent may refuse to testify. Witnesses may remotely attend and, as appropriate, testify at the hearing under oath via audio-video telecommunications technology, per Fla. Stat. \u00a7 397.6957<\/a>. A witness intending to remotely attend and testify must provide the parties with all relevant documents by the close of business on the day before the hearing.<\/p>\n

A judge who calls and questions the only witness when the petitioner is absent has acted improperly. See J.C. v. State<\/a> and C.W.R.K. v. Stewart Marchman Act Behavioral Healthcare<\/a>.<\/p>\n

The Fourth District reached a different result in J.J.J. v. D.G.<\/a> and certified conflict. So this rule is Fifth District law, and the 2024 amendments may affect the dispute.<\/p>\n\n

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Not sure what your next step is?<\/h3>

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Florida Marchman Act Requirements in Plain Language<\/h2>\n

A Marchman Act case needs a proper petition, facts showing impairment and lost self-control, a clinical assessment, and a court hearing. The main requirements are:<\/p>\n