{"id":17579,"date":"2026-11-04T15:27:43","date_gmt":"2026-11-04T15:27:43","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/adult-child-discharged-hospital-no-treatment-plan-marchman-act\/"},"modified":"2026-11-10T08:52:47","modified_gmt":"2026-11-10T08:52:47","slug":"adult-child-discharged-hospital-no-treatment-plan-marchman-act","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/adult-child-discharged-hospital-no-treatment-plan-marchman-act\/","title":{"rendered":"Marchman Act Attorney in South Florida: Adult Child Options"},"content":{"rendered":"\n
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Marchman Act Attorney | South Florida<\/p>

Guidance for Families Facing a Marchman Act Petition<\/h1>

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

Schedule a Consultation<\/a><\/div>
Schedule a Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n\n
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Your First Consultation<\/h2>\n

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Free<\/h3>

Initial consultation with no charge<\/p><\/div>

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Confidential<\/h3>

Your conversation stays private<\/p><\/div>

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No obligation<\/h3>

No commitment to continue<\/p><\/div><\/div>\n\n<\/div>\n\n\n

Casey III, Esq. \u00b7 Published November 4, 2026<\/p>\n\n

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Your adult child came home with no treatment plan: what that means now<\/h2>\n

A hospital discharge with no treatment plan does not, by itself, put your adult child into treatment. Florida has a court-based route for some adults in this situation, and whether it fits depends on the facts.<\/p>\n

You have spent years paying for treatment, trying interventions, and holding boundaries. Now your child is home again, and you’re left to manage the next crisis alone. The fears are heavy: another overdose, jail, living on the street, and losing hope that anything will work.<\/p>\n

A discharge paper is not a court order. The Marchman Act is the part of Chapter 397, Florida Statutes, that lets a judge order assessment and treatment for an adult whose substance use impairs them. The Florida Department of Children and Families<\/a> explains that the Act covers both voluntary admission and involuntary assessment, stabilization and treatment.<\/p>\n\n

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If your adult child was sent home from the hospital without a treatment plan, you don't have to face the court process alone; our team can talk through whether a Marchman Act petition fits your family's facts. 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 a petition<\/h2>\n

A parent can file a Marchman Act petition for an adult child. For an adult respondent, \u00a7 397.68112<\/a> allows a petition from a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment.<\/p>\n

The petition must name your child as the respondent and state your relationship to her. It must also give facts. \u00a7 397.68141<\/a> requires you to explain why you believe she is impaired, why you believe she has lost self-control with substance use, and either that she has harmed or is likely to harm herself or others, or that her refusal of care rests on impaired judgment.<\/p>\n

Voluntary means your child agrees to go. Involuntary means a judge decides. The statute says that mere refusal of services is not, by itself, evidence of lacking judgment \u00a7 397.675<\/a>. Under Fla. Stat. \u00a7 397.675<\/a>, there must be good faith reason to believe the person is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder, and, because of that, the person must have lost the power of self-control with respect to substance abuse, and must also either be in need of substance abuse services with judgment so impaired that they cannot appreciate that need or make a rational decision about it, or, without care or treatment, be likely to suffer from neglect or refuse to care for themselves in a way that poses a real and present threat of substantial harm (when family, friends or other services cannot apparently prevent that harm), or be substantially likely to have inflicted, threatened or attempted, or to inflict, physical harm on themselves or another. For the wider framework, see our involuntary commitment guide<\/a>.<\/p>\n

How a Marchman Act case moves, step by step<\/h2>\n

A case moves from a filed petition to a hearing. A judge may then order treatment if the statute’s criteria are met, based on a good faith reason to believe the person is substance abuse impaired and the other listed conditions.<\/p>\n

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  1. Consultation.<\/strong> We review the discharge papers, your child’s history, and what you want the court to address.<\/li>\n
  2. Filing.<\/strong> The petition goes to the clerk of the court in the county where your child is located when it is filed. The clerk may not charge a filing fee (\u00a7 397.681<\/a>). A wrong county is a venue problem, not a loss of jurisdiction (J.P. v. J.N.<\/a>).<\/li>\n
  3. Hearing date.<\/strong> The court must schedule a hearing within 10 court working days, unless a continuance is granted (\u00a7 397.68151<\/a>).<\/li>\n
  4. Assessment.<\/strong> Your child generally cannot be ordered into treatment without a clinical assessment (\u00a7 397.6957<\/a>).<\/li>\n
  5. Hearing and order.<\/strong> Testimony is under oath. The court may order treatment for up to 90 days if the conditions are proved by clear and convincing evidence (\u00a7 397.697<\/a>).<\/li>\n<\/ol>\n

    In an emergency, a judge can enter an ex parte order without appointing an attorney. A provider may hold your child for no more than 72 hours of observation unless an exception applies (\u00a7 397.6818<\/a>). A court erred in one case where it did not (D.H. v. K.J.R.<\/a>).<\/p>\n

    What to gather before your first call<\/h2>\n

    You’ll make the strongest start by bringing dates, documents, and a clear timeline. Keep what you saw yourself apart from what others told you.<\/p>\n