{"id":21552,"date":"2026-11-10T08:52:35","date_gmt":"2026-11-10T08:52:35","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/adult-child-discharged-overdose-refuses-treatment-florida\/"},"modified":"2026-11-10T08:52:37","modified_gmt":"2026-11-10T08:52:37","slug":"adult-child-discharged-overdose-refuses-treatment-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/adult-child-discharged-overdose-refuses-treatment-florida\/","title":{"rendered":"Marchman Act Lawyer in Florida After an Overdose Discharge"},"content":{"rendered":"
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Marchman Act Lawyer in Florida After an Overdose Discharge<\/h1>\n

What to Do in Florida When an Adult Child Is Discharged After an Overdose and Refuses Treatment<\/h2>\n

Your adult child was released from the hospital after an overdose, and now refuses further treatment. You are watching and waiting, and you feel stuck. Florida’s Marchman Act may let a family member ask a court for involuntary assessment and treatment, if the statute’s criteria are met. Whether a petition is possible depends on the facts.<\/p>\n

Under \u00a7 397.68112<\/a>, a petition for an adult may be filed by a spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the impairment and of the prior course of assessment and treatment. A parent is a relative, so a parent can file.<\/p>\n

The court decides based on the statute’s criteria and the evidence presented at a hearing. For the wider picture, read our guide on involuntary commitment for addiction<\/a>.<\/p>\n

What the Marchman Act Is and Who It Can Apply To<\/h2>\n

It is in Chapter 397 of the Florida Statutes. Under \u00a7 397.675<\/a>, the court looks for a good faith reason to believe the person is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder. The impairment must have caused the person to lose power of self-control with respect to substance abuse.<\/p>\n

The person must also meet one of two further tests. Either the person needs services and lacks the judgment to see that need and make a rational choice about it. Or, without care, the person is likely to neglect himself or herself or refuse care in a way that poses a real and present threat of substantial harm to his or her well-being, and it is not apparent that the harm can be avoided through willing, able and responsible family members or friends or other services; or there is a substantial likelihood the person has inflicted, threatened or attempted physical harm on himself, herself or another, or is likely to do so unless admitted.<\/p>\n

Refusal alone is not enough. The statute says mere refusal to receive services does not by itself show a lack of judgment. The court also asks whether willing, able and responsible family members or other services could avoid the harm. That is why facts and a professional assessment matter.<\/p>\n

Recent emergency care can also matter. Under \u00a7 397.68111<\/a>, a person may be the subject of a petition if the person reasonably appears to meet the criteria for involuntary admission, or was placed under protective custody or emergency admitted within the previous 10 days. Assessment by a qualified professional within 30 days also counts.<\/p>\n

Can a Petition Help With Overdose, Jail, Homelessness or Hopelessness?<\/h2>\n

A petition is one legal route into assessment and treatment when voluntary care is refused. It cannot promise any outcome, and no court order can stop every overdose.<\/p>\n

Overdose and death.<\/strong> A treatment order aims to get your adult child assessed and into care. Under \u00a7 397.697<\/a>, the court keeps jurisdiction to monitor treatment compliance and enter further orders.<\/p>\n

Jail.<\/strong> The Marchman Act is about assessment and treatment under Chapter 397. Any criminal charge is a separate matter with its own process. Raise it at your consultation.<\/p>\n

Homelessness.<\/strong> An involuntary treatment order may last up to 90 days under \u00a7 397.697<\/a>, and a renewal may be requested before the 90 days end if the conditions are expected to continue.<\/p>\n

FloridaHealthFinder patient rights<\/a> notes that this right has a legal exception. A Marchman petition asks a court whether that exception applies to your adult child.<\/p>\n

What the Firm’s Marchman Act Work Covers<\/h2>\n

The firm’s Marchman Act work covers reviewing your facts, preparing and filing the petition, and representing the petitioner in court. Here is what that includes.<\/p>\n