{"id":22418,"date":"2026-11-13T05:03:13","date_gmt":"2026-11-13T05:03:13","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/child-turns-18-still-using-florida-involuntary-treatment\/"},"modified":"2026-11-15T06:08:23","modified_gmt":"2026-11-15T06:08:23","slug":"child-turns-18-still-using-florida-involuntary-treatment","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/child-turns-18-still-using-florida-involuntary-treatment\/","title":{"rendered":"Child Turns 18: Involuntary Addiction Treatment in Florida"},"content":{"rendered":"
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Child Turns 18: Involuntary Addiction Treatment in Florida<\/h1>\n

Your adult child is struggling with drinking or drug use, and it keeps getting worse. You’ve already tried treatment, rules, and hard conversations. Now the birthday feels like a deadline.<\/p>\n

Under Fla. Stat. \u00a7 397.697<\/a>, when the court finds that the conditions for involuntary treatment services have been proved by clear and convincing evidence, it may order the respondent to receive involuntary treatment services for a period not to exceed 90 days. The route changes, though, and the details depend on who files and where your child is.<\/p>\n

Why the 18th Birthday Feels Like a Deadline<\/h2>\n

Under Fla. Stat. \u00a7 397.68112<\/a>, who may file a petition depends on whether the respondent is an adult or a minor. Florida’s Marchman Act sorts petitions by whether the person is a minor or an adult.<\/p>\n

For an adult child, the statute lets any relative, such as you, file as petitioner, along with a spouse, legal guardian, service provider, or adult with direct personal knowledge (Fla. Stat. \u00a7 397.68112<\/a>). For an adult, the list is wider. It includes a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and past treatment.<\/p>\n

Many parents in this spot are haunted by one call: an overdose, an arrest, or a missing child. The birthday can make that fear feel closer, because the family’s options seem to shrink. That feeling is worth taking seriously. The 2024 and 2025 updates changed parts of this law, so older advice may be out of date.<\/p>\n

What a Marchman Act Petition Is and Who It Covers<\/h2>\n

A Marchman Act petition is a court filing that asks a judge for involuntary services for substance abuse impairment; in an emergency, it must also describe the exigent circumstances and request an ex parte assessment and stabilization order.<\/p>\n

The judge looks for a good-faith reason to believe the person is substance abuse impaired and has lost the power of self-control. The person must also need services but lack the judgment to see that need. Or, without care, the person is likely to neglect or refuse to care for themselves in a way that poses a real and present threat of substantial harm, and that harm can’t apparently be avoided with help from willing, able and responsible family members or friends or other services. Or there is a substantial likelihood the person has harmed, threatened or tried to harm, or is likely to physically harm, themselves or others (Fla. Stat. \u00a7 397.675<\/a>).<\/p>\n

The petition must name the person and the petitioner, and state their relationship. It must also give the facts behind the petitioner’s belief that the person is impaired and has lost self-control. It names the person’s attorney, if known (Fla. Stat. \u00a7 397.68141<\/a>). A report from a qualified professional who examined the person within 30 days can support it. If no assessment happened, the petition must say so.<\/p>\n

What Changes When Your Child Is 18<\/h2>\n

For an adult, the court process is the main legal route under this law. Acting through a judge means notice, a hearing, and evidence, so it moves more slowly than a phone call. It is still a formal route.<\/p>\n

The order can last up to 90 days. If the conditions are expected to continue after 90 days, a renewal may be requested before that period ends (Fla. Stat. \u00a7 397.697<\/a>). The court can also order care from a private provider if the person can pay, or if someone on their behalf shows a willingness and ability to pay.<\/p>\n

Your adult child’s case follows the adult route, which has different rules. The minor must be assessed within 72 hours (Fla. Stat. \u00a7 397.6798<\/a>).<\/p>\n

Losing that easy authority is painful. Many parents feel they lost their voice the day the calendar hit 18. That feeling is understandable. It doesn’t mean the law has run out of options.<\/p>\n

Can You Act Now for Your Adult Child?<\/h2>\n

Whether you can act before the birthday depends on the facts. The statute sorts petitions by age, so your child’s age at filing and current location both matter.<\/p>\n

Location is a practical issue. The petition must be filed with the clerk of the court in the county where your child is located, and the clerk may not charge a fee for filing it (Fla. Stat. \u00a7 397.681<\/a>). In Miami-Dade, the Clerk’s office points adult cases to Probate Court and minor cases to Juvenile Court (Miami-Dade Clerk mental health page<\/a>).<\/p>\n

Before you file, gather the facts. Write down recent overdoses, hospitalizations, arrests, and disappearances. Note any past treatment and any recent assessment, with dates. Write down what you’ve tried, too, such as programs and interventions. The petition asks for the reasons behind your belief, so specifics help.<\/p>\n

Emergencies can move faster. A provider may hold the person no more than 72 hours of observation, unless a listed exception applies (Fla. Stat. \u00a7 397.6818<\/a>).<\/p>\n

Common questions<\/h3>
Can my child have a lawyer?<\/summary>

Yes. Your child would have the right to counsel at every stage, which they may waive only if present and the court finds the waiver knowing, intelligent, and voluntary, and someone who wants a lawyer but can’t afford a private one may have one appointed (Fla. Stat. \u00a7 397.681<\/a>).<\/p><\/details>

Can I file if my child lives in another county?<\/summary>

The petition goes where your child is physically located when it’s filed, so the county matters (Fla. Stat. \u00a7 397.681<\/a>).<\/p><\/details>

What the Process Generally Involves<\/h2>\n

The court must set a hearing within 10 court working days, unless a continuance is granted (Fla. Stat. \u00a7 397.68151<\/a>). Copies of the petition and the hearing notice go to the person, the person’s parent, guardian, or legal custodian if the person is a minor, the petitioner, the person’s spouse or guardian if applicable, the person’s attorney if known, and any other persons the court directs; a minor must be personally handed the petition and notice.<\/p>\n

Your child usually must attend the hearing. The court may excuse attendance only if it finds a valid waiver or a listed ground applies (Fla. Stat. \u00a7 397.6957<\/a>).<\/p>\n

The court hears all relevant evidence. That can include testimony from family members who know your child’s history. You may be one of those witnesses.<\/p>\n

The assessment by a qualified professional must occur within 72 hours after the person arrives at a licensed service provider, though the provider may petition the court in writing for additional time. For a minor, it must begin within the first 12 hours. If the person shows signs of withdrawal or needs detox or medical treatment, the hold extends until that is resolved, but no later than the hearing date, absent a court-approved extension (Fla. Stat. \u00a7 397.6957<\/a>).<\/p>\n

The judge must find the conditions proven by clear and convincing evidence before ordering treatment (Fla. Stat. \u00a7 397.697<\/a>). The court may order involuntary treatment services only when the conditions have been proved by clear and convincing evidence; testimony at the hearing is taken under oath and recorded (Fla. Stat. \u00a7 397.6957<\/a>). The court may order involuntary treatment services only when the conditions have been proved by clear and convincing evidence; the respondent may refuse to testify at the hearing (Fla. Stat. \u00a7 397.6957<\/a>).<\/p>\n

Facing the Fears: Overdose, Jail, Homelessness, and Hope<\/h2>\n

A court order can require assessment and treatment, but no order can promise how recovery will go.<\/p>\n

Overdose is the fear many parents name first. The statute’s criteria look at a real and present threat of substantial harm to the person (Fla. Stat. \u00a7 397.675<\/a>). 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.” The emergency tools covered above exist for that situation.<\/p>\n

Jail is another fear.<\/p>\n

Homelessness is a fear too. The criteria also cover a person who is likely to neglect themselves, but only where that neglect or refusal poses a real and present threat of substantial harm to their well-being and the harm cannot apparently be avoided through willing, able, and responsible family members or friends or other services. If you’ve seen that risk grow, the petition must describe the facts behind it.<\/p>\n

You’ve carried this for years, and it’s exhausting. Hope is hard to hold when you’ve tried everything. You’re not asking for a miracle. You’re asking for a legal route to care. A court process is hard too, and it asks you to describe painful facts. You don’t have to decide every step by yourself.<\/p>\n

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

If your child is near 18 and still using, you’re weighing a legal route you may not have known about. Robinson Casey focuses on Marchman Act petitions and guardianship matters across South Florida and statewide. Richard J. Casey III, Esq., is the responsible lawyer for this page.<\/p>\n

Robinson Casey offers a free, confidential first consultation with no obligation to continue. Call (561) 849-4149 or send your questions through the contact page<\/a>, and bring the facts about your child’s age, location, and recent events.<\/p>\n