{"id":15527,"date":"2026-10-31T02:12:52","date_gmt":"2026-10-31T02:12:52","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-arrested-adult-substance-use-treatment-florida\/"},"modified":"2026-11-08T21:33:25","modified_gmt":"2026-11-08T21:33:25","slug":"involuntary-commitment-addiction-arrested-adult-substance-use-treatment-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-arrested-adult-substance-use-treatment-florida\/","title":{"rendered":"Lawyer for Arrested Adult Child Addiction Treatment Florida"},"content":{"rendered":"\n
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Marchman Act & Guardianship | South Florida<\/p>

Help for Florida Families Seeking Addiction Treatment for an Adult Child<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade, across South Florida, and statewide. Start with 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

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Your Adult Child Was Arrested, and the Cycle Keeps Repeating<\/h2>\n

A parent can ask a Florida court to consider court-ordered treatment for an adult child under the Marchman Act. This page explains how that civil process works, what it does not do, and what to decide next.<\/p>\n

If you are looking for a lawyer for arrested adult child addiction treatment Florida, you may be at a hard point. The call came from jail, a hospital, or a police officer who found your child after an overdose. Then your child was released, and the same pattern started again.<\/p>\n

You have already paid for treatment. You have tried interventions and set boundaries. Still, the crisis returns. Many parents feel trapped between paying again and waiting for a change that may never come.<\/p>\n

This page is for parents of adults, ages 18 to 40, who have a substance use disorder. It explains the law in plain words. It promises no outcome, and a judge decides each case on its own facts.<\/p>\n

Robinson Casey limits its practice to Marchman Act and guardianship matters. The firm serves families across South Florida, including Miami-Dade, and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.<\/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>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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What the Marchman Act Is and Who Can File<\/h2>\n

It is found in Florida Statutes chapter 397. The law concerns assessment and treatment. It is not a criminal case.<\/p>\n

A parent can file as a relative. Under Fla. Stat. \u00a7 397.68112<\/a>, a petition for an adult may be filed by a spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the impairment and of his or her prior course of assessment and treatment.<\/p>\n

The petition must name the adult child and the petitioner, and state their relationship. It must also give the facts. Fla. Stat. \u00a7 397.68141<\/a> requires the petitioner to explain why they believe the person is impaired and has lost self-control. It must also state either a risk of harm or impaired judgment that blocks acceptance of care.<\/p>\n

Florida’s admission criteria ask whether there is a good faith reason to believe the person is impaired. Fla. Stat. \u00a7 397.675<\/a> sets out those criteria.<\/p>\n

Why the Criminal Case Is Handled Separately<\/h2>\n

A Marchman Act petition is a separate civil matter. It does not, by itself, drop or resolve a criminal charge. The criminal case runs in criminal court, under its own rules and its own lawyer.<\/p>\n

Keep the two matters apart in your mind. A civil petition asks whether a person needs treatment. A criminal case asks what happened and what penalty applies. Your child may face both at once.<\/p>\n

Timing and coordination matter. Ask at the first consultation how the two matters might fit together. Treatment records also carry privacy limits. Under 42 C.F.R. \u00a7 2.65<\/a>, a court must find strict criteria met before patient records are used to investigate or prosecute a patient. One criterion is that the crime is extremely serious.<\/p>\n

The firm handles the civil Marchman Act petition. It does not handle criminal charges. If a matter falls outside this practice, the firm may refer it to another lawyer.<\/p>\n

What a Marchman Act Attorney Handles for Parents<\/h2>\n

A Marchman Act attorney reviews the facts, prepares the petition, and represents the petitioning family in court. The work starts at intake and continues through the court’s order.<\/p>\n

Filing location matters. The petition goes to the clerk in the county where the person is located, and the clerk may not charge a filing fee (Fla. Stat. \u00a7 397.681<\/a>). In J.P. v. J.N.<\/a>, the Fifth District held that a wrong-county filing is a venue defect, not a lack of jurisdiction. However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction (J.P. v. J.N.<\/a>). Miami-Dade directs these petitions to the Clerk’s Office Probate Court for adults, per the Miami-Dade Clerk of Courts<\/a>.<\/p>\n

The court must schedule a hearing within 10 court working days unless a continuance is granted (\u00a7 397.68151<\/a>).<\/p>\n

The firm organizes records and witness information. It also keeps the family updated on each step of the case.<\/p>\n

Evidence Families Gather Before Filing<\/h2>\n

A petition needs specific, dated facts about your child’s recent condition and treatment history. General worry does not meet the statute’s factual requirements.<\/p>\n

Useful records include:<\/p>\n