{"id":16474,"date":"2026-11-03T05:23:14","date_gmt":"2026-11-03T05:23:14","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-homeless-adult-child-court-order\/"},"modified":"2026-11-08T19:35:49","modified_gmt":"2026-11-08T19:35:49","slug":"involuntary-commitment-addiction-homeless-adult-child-court-order","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-homeless-adult-child-court-order\/","title":{"rendered":"Marchman Act for a Homeless Adult Child in Florida"},"content":{"rendered":"\n
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Marchman Act Attorneys | Miami-Dade & South Florida<\/p>

Helping Your Family Respond When an Adult Child Is Homeless and Struggling With Addiction<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Talk with a lawyer about your options.<\/p>

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

By Richard J. Casey III, Esq. \u00b7 Published November 3, 2026<\/p>\n\n

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Your adult child has nowhere to sleep, and you are asking what a court can do<\/h2>\n

Can a Florida court order addiction treatment for a homeless adult child? A judge looks at whether the adult has a substance use impairment that meets the criteria in Chapter 397, the Marchman Act.<\/p>\n

You may be reading this after a call from a hospital, a jail, or a shelter. You have paid for treatment for years. You have tried interventions and held the boundaries you were told to hold. Now your child is worse, and you want a legal way to act.<\/p>\n

Your fears are real. You worry your child will overdose, die, end up in jail, or stay on the street with no help. This page explains what a petition must show, how the process runs, and what other legal paths exist. No one can say ahead of time how a judge will rule, because each case turns on its own facts.<\/p>\n\n

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If your adult child is sleeping on the street after another overdose or hospital stay, you don't have to work out the Marchman Act alone. Call Robinson Casey at (561) 849-4700 to talk through your situation. 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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Is homelessness enough for a court to act?<\/h2>\n

The criteria in \u00a7 397.675<\/a> focus on substance use impairment, loss of self-control, impaired judgment, and risk of harm.<\/p>\n

Homelessness still matters. It can show how dangerous the situation has become. A person sleeping outside while using may be unable to get food, medicine, or a safe place to recover. The petition must connect those facts to the impairment.<\/p>\n

The statute also asks whether the harm could be avoided through willing, able, and responsible family, friends, or other services. 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.” That is why your own history of help, and what has and has not worked, belongs in the record.<\/p>\n

What a petition has to show about substance use<\/h2>\n

A petition has to lay out specific facts for each required element.<\/p>\n

Start with who can file. For an adult, \u00a7 397.68112<\/a> allows any relative to file. A spouse, a legal guardian, a service provider, or an adult with direct personal knowledge of the impairment and of the prior course of assessment and treatment can also file.<\/p>\n

Next is the content. Under \u00a7 397.68141<\/a>, the petition must name your child and you. It must state your relationship and give the facts behind your belief. Those facts must show substance use impairment and loss of self-control. They must also show that, because of such impairment, your child has lost the power of self-control with respect to substance abuse, and either that your child has inflicted or is likely to inflict physical harm on themselves or others unless the court orders involuntary services, or that your child’s refusal to voluntarily receive care is based on judgment so impaired by substance abuse that your child is incapable of appreciating the need for care or of making a rational decision regarding that need.<\/p>\n

Loss of self-control means your child has lost the power to control use. Courts look for dated facts that show it, not labels.<\/p>\n

A petition may include a report from a qualified professional who examined your child within 30 days before filing. If your child was never assessed or refused, the petition must say so.<\/p>\n

For the wider picture, see our guide to involuntary commitment for addiction<\/a>.<\/p>\n

How repeated crises fit into a petition<\/h2>\n

Repeated crises can be strong evidence. They work best when you describe each one with dates and details.<\/p>\n

An overdose, a hospital stay, an arrest, or a disappearance each says something about your child’s condition and the risk without treatment. The court hears relevant evidence, including testimony from family members who know the adult’s history. It may also order drug tests, under \u00a7 397.6957<\/a>.<\/p>\n

Keep a written record. For each event, note:<\/p>\n