{"id":22306,"date":"2026-11-13T00:42:25","date_gmt":"2026-11-13T00:42:25","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-parents-adult-child-after-overdose\/"},"modified":"2026-11-13T00:42:27","modified_gmt":"2026-11-13T00:42:27","slug":"marchman-act-parents-adult-child-after-overdose","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-parents-adult-child-after-overdose\/","title":{"rendered":"Marchman Act Attorney for Parents in Miami-Dade"},"content":{"rendered":"
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Marchman Act Attorney for Parents in Miami-Dade<\/h1>\n

If your adult child refuses treatment after an overdose in Florida, you may feel you have run out of options. A parent can ask a Florida court for help under the Marchman Act, a law found in Chapter 397 of the Florida Statutes. This page explains how that process works and what a Marchman Act attorney can handle for your family.<\/p>\n

Where You Are Right Now: An Overdose, a Refusal, and No Clear Way Forward<\/h2>\n

If your adult child has come home after an overdose and still says no to treatment, you are probably worn out. You may have paid for programs, tried interventions, and set firm limits, and the crisis keeps coming back.<\/p>\n

The fears are specific. You may worry your child will overdose again or die, be arrested, lose housing, or stop believing recovery is possible. Those fears are reasonable, and this page does not brush them aside.<\/p>\n

Florida law does not force treatment on every adult who uses drugs. It does give a court a path for an adult who meets a legal test. This page is general information, not legal advice about your situation.<\/p>\n

What the Marchman Act Is and Who Can File for an Adult Child<\/h2>\n

A parent can file a Marchman Act petition for an adult child, because the statute allows any relative to file. For an adult, Fla. Stat. \u00a7 397.68112<\/a> lists who may petition, including 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.<\/p>\n

The court asks several core questions. 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. Because of this, the person must have lost the power of self-control. The person must also either (1) need substance abuse services and, because of the impairment, have judgment so impaired that he or she cannot appreciate that need and cannot make a rational decision about it, or (2) without care be likely to suffer from neglect or refuse to care for himself or herself, in a way that poses a real and present threat of substantial harm to his or her well-being, which does not appear avoidable through willing, able, and responsible family members, friends, or other services. Alternatively, there must be a substantial likelihood that the person has inflicted, threatened or attempted to inflict, or is likely to inflict physical harm on himself, herself, or another. A refusal alone is not enough, because mere refusal to receive services does not by itself show a lack of judgment.<\/p>\n

What to Do Right After an Overdose When Your Child Refuses Treatment<\/h2>\n

Call 911 first if your child is not breathing or is in immediate danger. A court petition is not an emergency response.<\/p>\n

Then start a written record. A petition must name each person, state your relationship, and give the facts behind your concern (Fla. Stat. \u00a7 397.68141<\/a>). Gather these items:<\/p>\n