{"id":15442,"date":"2026-10-30T08:13:56","date_gmt":"2026-10-30T08:13:56","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-homeless-adult-family-member-florida\/"},"modified":"2026-10-31T01:13:41","modified_gmt":"2026-10-31T01:13:41","slug":"marchman-act-homeless-adult-family-member-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-homeless-adult-family-member-florida\/","title":{"rendered":"Marchman Act Homeless Adult Son Florida: A Family Guide"},"content":{"rendered":"\n
<\/span>\"Judge
\n

Marchman Act & Guardianship | South Florida<\/p>

When Your Adult Son Is Homeless and Needs Help, Families Can Act<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade and across South Florida. Learn how the process works, then call (561) 849-4149 for a free, confidential first consultation with no obligation to continue.<\/p>

Schedule a Free Consultation<\/a><\/div>
Schedule a Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Richard J. Casey III, Esq. \u00b7 Published October 30, 2026<\/p>\n\n

\n\n\n

If your adult son is homeless, using drugs and turning down help, a Marchman Act petition may be a legal option in Florida. The Marchman Act lets a court order assessment, stabilization and treatment for an adult whose substance abuse has taken away his power of self-control. This guide explains how a Marchman Act homeless adult son Florida case works, what the petition needs, and what the law does not do. You don’t have to work out every step on your own.<\/p>\n

What Is the Marchman Act, and Who Can File?<\/h2>\n

The Marchman Act is Florida’s civil process for court-ordered help when substance abuse impairs a person’s ability to make safe choices. The Florida Department of Children and Families<\/a> describes it as a way for a court to order involuntary assessment, stabilization and treatment for adults and youth severely impaired by substance abuse.<\/p>\n

For an adult, a petition may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment. Fla. Stat. \u00a7 397.68112<\/a> sets out that list.<\/p>\n

Your son may be sleeping outside or in unsafe places, using drugs daily, skipping meals and refusing help. You may fear an overdose, an assault, an untreated infection or someone taking his money. You may also be tired of the cycle of crisis, hospital, release and the street again.<\/p>\n\n

\n

If your son is sleeping outside and using drugs, you don't have to decide the legal path alone, and our team offers a free, confidential first consultation to talk through your options. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
\"A<\/figure>\n

How the Marchman Act Process Works, Step by Step<\/h2>\n

For a Marchman Act homeless adult son Florida case, the petition goes to the clerk of court in the county where he is physically located. The court then controls the schedule.<\/p>\n

    \n
  1. Consultation and fact review.<\/strong> We go over what has happened, when, where, and what has already been tried.<\/li>\n
  2. Sworn petition filed.<\/strong> The clerk may not charge a filing fee for the petition (Fla. Stat. \u00a7 397.681<\/a>). Under Fla. Stat. \u00a7 397.681(1)<\/a>, a petition must be filed with the clerk of the court in the county where the person is located. An earlier Putnam County decision addressed a petition filed in the wrong county and held that the circuit court there still had jurisdiction (J.P. v. J.N.<\/a>). That holding turned on its own facts and does not change the filing requirement, so the county where the person is located should be treated as the required filing location.<\/li>\n
  3. Counsel and hearing date.<\/strong> The respondent has the right to counsel at every stage of the proceeding, which he may waive if he is present and the court finds the waiver is made knowingly, intelligently, and voluntarily; a respondent who desires counsel and cannot afford a private lawyer has the right to court-appointed counsel. The court appoints counsel if it believes he needs or desires it, whatever his wishes. The court must schedule a hearing within 10 court working days unless a continuance is granted (Fla. Stat. \u00a7 397.68151<\/a>).<\/li>\n
  4. Emergency orders.<\/strong> If emergency circumstances exist, the court may rely on the petition alone and enter an ex parte order for assessment and stabilization (Fla. Stat. \u00a7 397.6818<\/a>).<\/li>\n
  5. Hearing.<\/strong> Testimony is taken under oath. The court hears and reviews all relevant evidence. If the respondent does not appear at the hearing, the court may, upon reviewing the petition, testimony, and evidence presented, reissue an ex parte assessment and stabilization order valid for 90 days if it reasonably believes the respondent meets the commitment criteria and a substance abuse emergency exists.<\/li>\n
  6. Court order.<\/strong> If the court finds the conditions proved by clear and convincing evidence, it may order up to 90 days of treatment (Fla. Stat. \u00a7 397.697<\/a>). A renewal petition must be filed before the court-ordered period ends, either by the service provider or by the original petitioner with supporting documentation from the service provider (Fla. Stat. \u00a7 397.6975<\/a>).<\/li>\n<\/ol>\n

    What Your Petition Needs: Facts, Dates and Records<\/h2>\n

    The petition must name both people, state your relationship, and set out specific facts showing why he needs services. The statute asks for the respondent’s name, the petitioner’s name, the relationship between you, his attorney if known, and the factual allegations. Those facts must explain why you believe he is substance abuse impaired, has lost power of self-control, and either has inflicted or is likely to inflict physical harm on himself or herself or others unless the court orders services, or refuses care because his judgment is so impaired by substance abuse that he cannot appreciate his need for care or make a rational decision about it (Fla. Stat. \u00a7 397.68141<\/a>).<\/p>\n

    Start gathering these items now:<\/p>\n