{"id":15635,"date":"2026-10-31T08:20:35","date_gmt":"2026-10-31T08:20:35","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-polysubstance-use-florida\/"},"modified":"2026-11-09T03:37:06","modified_gmt":"2026-11-09T03:37:06","slug":"marchman-act-polysubstance-use-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/marchman-act-polysubstance-use-florida\/","title":{"rendered":"Marchman Act Polysubstance Use in Florida | Robinson Casey"},"content":{"rendered":"\n
<\/span>\"A
\n

Marchman Act Petitions | Miami-Dade and South Florida<\/p>

Helping Families Facing Polysubstance Use Take the Next Step<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade, South Florida and across Florida. 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 31, 2026<\/p>\n\n

\n\n\n

If your adult child uses more than one substance and keeps getting worse, a Florida court may be able to order assessment and treatment. The Marchman Act is the state law that lets a family ask a judge for that help. This page explains how the petition works and what the court needs to see.<\/p>\n

What the Marchman Act Is and Who It Covers<\/h2>\n

Polysubstance use is not a separate track. The statute speaks of substance abuse impairment in general terms and does not name one drug. A petition can describe the full pattern, such as alcohol mixed with opioids, stimulants, or benzodiazepines. Describe each substance, how often it was used, and what it led to.<\/p>\n

Who may file? For an adult, Fla. Stat. \u00a7 397.68112<\/a> allows a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and prior treatment. A parent is a relative, so a parent may file. This page covers adult children, ages 18 and older.<\/p>\n\n

\n

If your adult child keeps ending up in crisis, you don't have to carry this alone, and Robinson Casey is ready to talk through whether a Marchman Act petition fits your family. 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

What Florida Requires Before a Court Can Order Treatment<\/h2>\n

A judge needs a good-faith reason to believe your adult child is impaired and has lost self-control because of it. The criteria appear in Fla. Stat. \u00a7 397.675<\/a>. The person must have lost the power of self-control with respect to substance abuse. The person must also either need services and be unable to see that need, or be likely to neglect themselves in a way that poses a real threat of substantial harm, and it is not apparent that this 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 a substantial likelihood that the person has inflicted, threatened, or attempted physical harm on themselves or someone else, or, unless admitted, is likely to inflict it.<\/p>\n

The statute also says that simple refusal of services is not, by itself, proof of impaired judgment.<\/p>\n

The petition itself must name your child and you, state your relationship, and give the facts behind your belief. Under Fla. Stat. \u00a7 397.68141<\/a>, a recent assessment by a qualified professional, done within 30 days before filing, can go with the petition. If there was no assessment, or your child refused one, the petition must say so.<\/p>\n

Start a written file now. Include dates of overdoses and ER visits, arrests, missed work, housing loss, and past treatment with how it ended. Write facts, not labels. Each case depends on its own facts, and the judge decides based on the evidence.<\/p>\n

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

A Marchman Act petition moves through a consultation, filing, a hearing date, an assessment, and a hearing. The court must schedule a hearing on the petition within 10 court working days unless a continuance is granted (Fla. Stat. \u00a7 397.68151<\/a>).<\/p>\n

    \n
  1. Consultation and timeline.<\/strong> You list each substance, the dates, and the events that led you to act.<\/li>\n
  2. Filing.<\/strong> In one Florida appeals court decision, the filing of a petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction (J.P. v. J.N.<\/a>).<\/li>\n
  3. Counsel and hearing date.<\/strong> The court decides whether to appoint a lawyer. A Florida appeals court has held that a respondent has a constitutional right to counsel (Hillsborough County v. Albrechta<\/a>). The court must set the hearing within 10 court working days unless it grants a continuance (Fla. Stat. \u00a7 397.68151<\/a>).<\/li>\n
  4. Emergency path.<\/strong> If an emergency exists, the court may act on the petition alone and enter an ex parte (one-sided) assessment order (Fla. Stat. \u00a7 397.6818<\/a>). A provider may hold the person for no more than 72 hours of observation, unless a listed exception applies.<\/li>\n
  5. The court hears all relevant evidence, including testimony from family members familiar with the person’s prior history, and may also order drug tests (Fla. Stat. \u00a7 397.6957<\/a>). Your child may refuse to testify.<\/li>\n<\/ol>\n

    How Long a Marchman Act Order Lasts in Florida<\/h2>\n

    An initial court order for involuntary treatment can last up to 90 days. The court must find the conditions proven by clear and convincing evidence (Fla. Stat. \u00a7 397.697<\/a>). If the conditions are expected to exist after 90 days of treatment, a renewal of the involuntary services order may be requested before the end of the 90-day period. The court may then order up to an additional 90 days (Fla. Stat. \u00a7 397.6975<\/a>).<\/p>\n

    Early release is possible. If no renewal is filed, the person is discharged automatically at the end of the 90 days (Fla. Stat. \u00a7 397.6977<\/a>).<\/p>\n

    Planning starts early. Discharge planning must include and document the person’s needs and the actions to address them, covering at a minimum follow-up behavioral health appointments, how to get prescribed medications, living arrangements and transportation, and recovery support (Fla. Stat. \u00a7 397.6977<\/a>). Raise each of these with the provider before discharge day.<\/p>\n

    What Petition Help From Robinson Casey Covers<\/h2>\n

    Robinson Casey helps families prepare and file Marchman Act petitions. The firm limits its practice to Marchman Act petitions and guardianship matters, so this work is its core focus. Help includes:<\/p>\n