{"id":16485,"date":"2026-11-03T05:41:35","date_gmt":"2026-11-03T05:41:35","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-adult-son-walked-out-of-treatment\/"},"modified":"2026-11-08T19:35:30","modified_gmt":"2026-11-08T19:35:30","slug":"involuntary-commitment-addiction-adult-son-walked-out-of-treatment","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-adult-son-walked-out-of-treatment\/","title":{"rendered":"Adult Son Left Rehab: Can He Be Forced Back in Florida?"},"content":{"rendered":"\n
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Marchman Act & Guardianship | Miami-Dade and South Florida<\/p>

Your Son Left Rehab. What Can Florida Law Do Now?<\/h1>

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Your first consultation is free, confidential, and comes with no obligation to continue.<\/p>

Schedule a Free Consultation<\/a><\/div>
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By Richard J. Casey III, Esq. \u00b7 Published November 3, 2026<\/p>\n\n

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The Short Answer: Yes, a Florida Court Can Be Asked to Order Treatment<\/h2>\n

Yes. A family member can ask a Florida court to order an adult into substance use treatment under the Marchman Act, which sits in Chapter 397 of the Florida Statutes. The process moves through a petition, a hearing, and a judge’s decision.<\/p>\n

Your son walked out of treatment. Your calls go unanswered. Each night you wait for the call that says he has overdosed. You have paid for programs, tried interventions, and held firm on boundaries, yet he keeps getting worse. This page explains how a court petition works in Florida.<\/p>\n

No result can be promised here, and each case turns on its own facts.<\/p>\n\n

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If your son walked out of treatment and you're unsure whether a court can bring him back, we'll talk it through with you. You don't have to face this alone. 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 It Covers<\/h2>\n

The Marchman Act is Florida’s court process for adults whose substance use has taken away their ability to stop. A person meets the admission criteria when there is a good faith reason to believe they are substance abuse impaired, or have a substance use disorder and a co-occurring mental health disorder, and because of that they have lost the power of self-control over that use and either need services but their judgment is so impaired they cannot appreciate that need or make a rational decision about it, or they are likely to neglect themselves or refuse care in a way that poses a real and present threat of substantial harm that is not apparent to be avoidable through willing, able, and responsible family members or friends or other services, or there is a substantial likelihood they have inflicted, threatened, or attempted physical harm on themselves or others, or are likely to do so unless admitted. \u00a7 397.675 admission criteria<\/a><\/p>\n

The law also looks at judgment. A person may qualify if they have lost the power of self-control over substance use and, because of that impairment, their judgment keeps them from seeing their need for help. A mere refusal of services is not by itself evidence of impaired judgment. A person may also qualify, if they have also lost the power of self-control over substance use, when without care they are likely to neglect themselves or refuse care, that poses a real and present threat of substantial harm, and it is not apparent that willing, able, and responsible family members or friends or other services could avoid that harm. A person may also qualify, if they have also lost the power of self-control over substance use, when there is a substantial likelihood they have inflicted, threatened, or attempted physical harm on themselves or others, or are likely to do so unless admitted. \u00a7 397.675 admission criteria<\/a><\/p>\n

Your son’s drug or alcohol use, and the danger it brings, is the situation this law is built around. A family cannot order treatment on its own. A judge makes that decision after a hearing. \u00a7 397.697 court order<\/a><\/p>\n

Why a Son Who Walked Out of Treatment Can Still Be Brought Back to Court<\/h2>\n

Walking out of treatment does not stop a family from filing. What matters is whether the facts meet the standards in the statute.<\/p>\n

Start documenting now. Write down the date he left, any overdose, emergency room visit, or hospital stay, any arrest, threats, and relapses. Dated events give a judge something specific to weigh. General worry does not.<\/p>\n

If a qualified professional examined him within 30 days before you file, that report can go with the petition. If he was never assessed or refused an evaluation, the petition must say so. \u00a7 397.68141 petition contents<\/a><\/p>\n

Your petition is verified by a written declaration. You declare under penalties of perjury that the facts are true. Knowingly making a false declaration is a third-degree felony. \u00a7 92.525 written declaration<\/a><\/p>\n

For the wider picture, read our adult child refuses treatment guide<\/a>.<\/p>\n

What the Petition Asks the Court to Do<\/h2>\n

A petition asks a judge to order assessment and, when the criteria are met, treatment. \u00a7 397.68112 who may petition<\/a><\/p>\n

The petition must name your son and you, state your relationship, and name his attorney if known. It must also give your reasons. \u00a7 397.68141 petition contents<\/a><\/p>\n

In an emergency, the petition must describe the urgent facts and include a request for an ex parte assessment and stabilization order. A judge can act before your son is heard, but only when the petition gives a good-faith reason to believe the criteria are met. A facially insufficient petition requires dismissal. D.H. v. K.J.R.<\/a><\/p>\n

The clerk may not charge a fee to file a Marchman petition. The petition is filed in the county where your son is physically located, which may differ from where you live. \u00a7 397.681 jurisdiction and counsel<\/a> Under this section, the courts have jurisdiction of involuntary treatment petitions for substance abuse impaired persons, and such petitions must be filed with the clerk of the court in the county where the person is located. Under Fla. Stat. \u00a7 397.681(1)<\/a>, involuntary treatment petitions for substance abuse impaired persons must be filed with the clerk of the court in the county where the person is located. J.P. v. J.N<\/a>., 225 So. 3d 410 (Fla. 5th DCA 2017) J.P. v. J.N.<\/a><\/p>\n

What Happens at the Hearing and What the Parent’s Role Is<\/h2>\n

The hearing is set within 10 court working days unless a continuance is granted. Your son, you, and his attorney, if known, receive copies of the petition and notice. \u00a7 397.68151 duties upon filing<\/a><\/p>\n

Your son has the right to a lawyer at every stage. If he cannot afford one, the court can appoint counsel. \u00a7 397.681 jurisdiction and counsel<\/a><\/p>\n

The judge hears all relevant evidence, including testimony from family members who know his history. The judge may also order drug tests. \u00a7 397.6957 hearing<\/a><\/p>\n

Testimony is given under oath. He may refuse to testify. The respondent must be present at the hearing unless the court finds he knowingly, intelligently, and voluntarily waives his right to be present, or that his presence is inconsistent with his best interests or likely to be injurious to self or others. The court hears all relevant evidence, including the results of the qualified professional’s assessment. \u00a7 397.6957 hearing<\/a><\/p>\n

Your role is to describe recent events, accurately and under oath. The Fifth District has held that a judge may not question the clinician in place of an absent petitioner. The Fourth District reached a different result and certified conflict. C.W.R.K.<\/a> J.J.J. v. D.G.<\/a> This split is district-level law, not a statewide rule, and the 2024 amendments may affect it. So plan to attend and present your own account.<\/p>\n

If the Court Orders Treatment: What Follows<\/h2>\n

A court may order involuntary treatment for up to 90 days. The judge must find the conditions proved by clear and convincing evidence, a demanding standard of proof. \u00a7 397.697 court order<\/a> If needed, the judge can direct the sheriff to take him into custody and deliver him to the provider.<\/p>\n

The order can end early when its reasons no longer apply. \u00a7 397.6971 early release<\/a><\/p>\n

If the conditions justifying involuntary treatment 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. \u00a7 397.6977 discharge<\/a><\/p>\n

Discharge planning must address follow-up appointments, medication access, living arrangements, transportation, and recovery support. \u00a7 397.6977 discharge<\/a><\/p>\n

Many families assume the order ends their role. It does not. The court keeps the case open and can monitor compliance, change the treatment, or begin contempt proceedings for violating a valid order.<\/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

When the Situation Is an Emergency Right Now<\/h2>\n

If your son is overdosing, not breathing normally, or threatening to kill himself, call 911 now. Do not wait for a court filing.<\/p>\n

Florida law also allows emergency admission to a hospital, detox facility, or addictions receiving facility. The facility must receive a certificate from a listed professional that is specific to substance abuse impairment, plus an application for emergency admission. \u00a7 397.679 emergency admission<\/a><\/p>\n

Medical care comes first when his life is at risk. The court process can follow.<\/p>\n\n

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Talk Through Your Son’s Situation With Robinson Casey<\/h2>\n

Robinson Casey focuses exclusively on Marchman Act petitions and guardianship matters.<\/p>\n

Quick Answers<\/h3>\n
Can a parent file a Marchman Act petition for an adult child in Florida?<\/summary>

Yes. Any relative of an adult respondent may file, and a parent is a relative. \u00a7 397.68112 who may petition<\/a><\/p>

\u00a7 397.681 jurisdiction and counsel<\/a><\/p><\/details>

Does my son have a right to a lawyer?<\/summary>

Yes. He has that right at every stage unless he is present and the court finds he knowingly, intelligently, and voluntarily waives it. If he desires counsel and cannot afford private counsel, he has the right to court-appointed counsel. \u00a7 397.681 jurisdiction and counsel<\/a><\/p><\/details>

How long can a court order last?<\/summary>

An involuntary treatment order can run up to 90 days, and renewal must be requested before that period ends. \u00a7 397.697 court order<\/a><\/p><\/details>\n

If your son walked out of treatment, relapsed, and keeps getting worse, you should not have to carry that crisis alone while you work out the legal route. Richard J. Casey III, Esq. is responsible for this page. Call (561) 849-4700 or request a consultation<\/a>. The first consultation is free, confidential, and carries no obligation to continue.<\/p>\n\n<\/article>\n