{"id":15554,"date":"2026-10-31T03:52:03","date_gmt":"2026-10-31T03:52:03","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-after-hospital-discharge\/"},"modified":"2026-10-31T03:52:10","modified_gmt":"2026-10-31T03:52:10","slug":"marchman-act-after-hospital-discharge","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-after-hospital-discharge\/","title":{"rendered":"Miami Marchman Act Attorney After Hospital Discharge"},"content":{"rendered":"\n
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Marchman Act Attorney \u00b7 Miami-Dade and South Florida<\/p>

Discharged From the Hospital? Get Clear Guidance on Your Marchman Act Petition<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade and across South Florida. Talk with us about your situation and your options.<\/p>

Schedule a Free Consultation<\/a><\/div>
Schedule a Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n\n
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Our Consultation<\/h2>\n

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Free<\/h3>

First consultation, confidential and with no obligation to continue<\/p><\/div>

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Statewide<\/h3>

Serving families across South Florida and throughout Florida<\/p><\/div><\/div>\n\n<\/div>\n\n\n

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

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Your Child Came Home From the Hospital, but the Crisis Has Not Ended<\/h2>\n

If a hospital discharged an addicted adult who refuses treatment in Florida, the discharge did not close the legal options.<\/strong> A hospital stay handles the medical problem that brought your child in. It doesn’t decide whether your child needs longer treatment for a substance use disorder.<\/p>\n

You may be holding discharge papers that say your child is stable. You may also fear the same pattern will return within days. Overdose, death, arrest, homelessness, and the feeling that nothing will work are the worries many parents describe.<\/p>\n

Many families in this position have already paid for treatment, tried interventions, and set firm boundaries. Some have watched the cycle repeat after every hospital visit. You want a legal way to get your child into proper treatment, so you no longer carry this crisis alone.<\/p>\n

Florida law gives certain family members a court route for adults who meet the statutory criteria. The rest of this page explains that route in plain terms. If your family is also dealing with lost housing, read this guide on Marchman Act help for a homeless adult child.<\/p>\n\n

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If your adult child came home from the hospital and still refuses treatment, you don't have to sort out the court options alone. Our team can talk through your situation with you. 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 Start a Petition<\/h2>\n

The Marchman Act is a civil court process in Florida for adults and minors with substance use problems.<\/strong> It lets a judge order assessment, stabilization, and treatment when the legal criteria are met. Families often ask how these proceedings compare with criminal cases.<\/p>\n

For an adult respondent, 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 substance abuse impairment and the person’s prior course of assessment and treatment. That rule comes from Florida Statutes \u00a7 397.68112<\/a>. A parent who is a relative of the adult child falls within that group.<\/p>\n

The petition is filed with the clerk of the court in the county where the adult is located. The clerk may not charge a filing fee (Florida Statutes \u00a7 397.681<\/a>). The Miami-Dade Clerk guidance<\/a> directs adult cases to the Probate Court.<\/p>\n

The judge decides based on the statute and the evidence presented. The result depends on the facts of each case, and no outcome can be promised in advance.<\/p>\n

Hospital Stay, Baker Act Evaluation, or Marchman Act Petition: How They Differ<\/h2>\n

A hospital stay answers a medical question, while a Marchman Act petition asks a court to address substance use.<\/strong> The treating medical team decides when your child is medically ready to leave. That discharge decision is clinical, not a court order about addiction treatment.<\/p>\n

The Baker Act, in Chapter 394 of the Florida Statutes, covers mental health crises. The Marchman Act covers substance use. Many families face both substance use and mental health concerns at the same time.<\/p>\n

The Marchman criteria require a good faith reason to believe the adult is substance abuse impaired. The adult must have lost the power of self-control with respect to substance use. 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

A petition also needs a trigger. Under Florida Statutes \u00a7 397.68111<\/a>, the trigger can be that the adult reasonably appears to meet the criteria for involuntary admission, protective custody or an emergency admission within the previous 10 days, or an assessment by a qualified professional within 30 days.<\/p>\n

Families often ask how guardianship differs from other court matters. It is not the same as a Marchman Act petition, and the two should not be confused.<\/p>\n

Step by Step: From Discharge Day to the Court Hearing<\/h2>\n

The Marchman process moves in set steps, and the timing follows the court’s calendar.<\/strong> Plan for a process, not a single day.<\/p>\n

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  1. Gather your records.<\/strong> Collect the discharge summary, dated notes on overdoses, relapses, arrests, or disappearances, and any past treatment history.<\/li>\n
  2. Review the facts and the county.<\/strong> A petition belongs where the adult is physically located when filed. In J.P. v. J.N.<\/a>, the Fifth District held that filing in the wrong county did not divest the circuit court of jurisdiction.<\/li>\n
  3. Prepare the petition.<\/strong> It must name the adult, the petitioner, and the relationship. It must state the factual allegations, and it must say if the adult was not assessed or refused one (Florida Statutes \u00a7 397.68141<\/a>).<\/li>\n
  4. Court sets the hearing.<\/strong> The court schedules a hearing within 10 court working days unless a continuance is granted. The clerk sends a summons to law enforcement for service within 6 hours, unless the chief judge allows private process servers (Florida Statutes \u00a7 397.68151<\/a>).<\/li>\n
  5. Emergencies follow a faster track.<\/strong> When emergency circumstances exist, the court may enter an ex parte assessment and stabilization order. A service provider generally may not hold the adult for more than 72 hours of observation, subject to statutory exceptions (Florida Statutes \u00a7 397.6818<\/a>).<\/li>\n
  6. The hearing and order.<\/strong> The court hears the evidence. If the criteria are proved by clear and convincing evidence, the court may order treatment for up to 90 days (Florida Statutes \u00a7 397.697<\/a>).<\/li>\n<\/ol>\n

    What Evidence Helps a Judge Understand the Situation<\/h2>\n

    Dated, specific facts help a judge more than general worry.<\/strong> The court hears all relevant evidence, including testimony from family members who know the adult’s history (Florida Statutes \u00a7 397.6957<\/a>).<\/p>\n

    Useful material often includes:<\/p>\n