{"id":22734,"date":"2026-11-14T04:39:31","date_gmt":"2026-11-14T04:39:31","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/adult-son-stealing-money-drugs-florida-legal-options\/"},"modified":"2026-11-14T06:43:26","modified_gmt":"2026-11-14T06:43:26","slug":"adult-son-stealing-money-drugs-florida-legal-options","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/adult-son-stealing-money-drugs-florida-legal-options\/","title":{"rendered":"Adult Son Stealing for Drugs: Legal Options in Florida"},"content":{"rendered":"
\n\n

Adult Son Stealing for Drugs: Legal Options in Florida<\/h1>\n

When money keeps disappearing, and your adult child promises it won’t happen again, it’s hard to know what to try next. You may be searching for legal options for an adult son stealing for drugs in Florida.<\/p>\n

Florida’s Marchman Act may let you ask a court to order assessment and treatment for an adult who is substance abuse impaired. This page explains the process in plain terms.<\/p>\n

When Your Adult Son Is Stealing to Feed His Addiction<\/h2>\n

Stealing to pay for drugs usually means the addiction has taken over daily life, and a parent is often left without a clear next step.<\/p>\n

Cash goes missing. Jewelry and electronics disappear. Cards get used without permission. Each time, you hear a promise, and then it happens again.<\/p>\n

You may have already paid for treatment, tried interventions, and set firm limits. The crisis keeps coming back anyway, and that wears a parent down.<\/p>\n

The fears are real. Many parents worry about an overdose, a death, a jail cell, or their child living on the street. Some say they are losing hope that anything will work. Research links leaving a hospital early, before it is medically advised, with a possible higher risk of a later overdose among people who use drugs, according to hospital discharge research<\/a>. Knowing your legal options can help you act before the next crisis.<\/p>\n

Does Stealing From You Mean Your Adult Child Can Be Committed?<\/h2>\n

Many Florida parents first hear the words “Marchman Act” when they are searching for a way to help an adult child who keeps refusing treatment for addiction. Under \u00a7 397.675, involuntary admission criteria<\/a>, a person may qualify when there is good faith reason to believe they are substance abuse impaired and have lost power of self-control over substance use.<\/p>\n

The same section then gives alternative tests. One asks whether the person can appreciate a need for help. Another asks whether the person, without care, is likely to neglect himself or herself in a way that poses a real and present threat of substantial harm, and whether that harm could be avoided through willing, able, and responsible family members or friends or other services; or whether there is substantial likelihood that the person has inflicted, threatened, or attempted to inflict physical harm on himself, herself, or another.<\/p>\n

Refusing services alone is not enough. Under the same section, mere refusal to receive services does not by itself show a lack of judgment about the need for them.<\/p>\n

For a broader overview, read the son stealing for drugs guide<\/a>. Florida’s Marchman Act covers illegal drugs, prescription drugs, and alcohol, according to the Flagler County Clerk of Court<\/a>.<\/p>\n

What a Florida Judge Looks For Under the Marchman Act<\/h2>\n

The person who files carries the burden of proof. Under \u00a7 397.6957, hearing and burden of proof<\/a>, the petitioner must prove by clear and convincing evidence that the adult is substance abuse impaired, has a history of lack of compliance with treatment, and meets the additional impairment conditions in subsection (2)(b).<\/p>\n

The petitioner must also show the person is unlikely to take part voluntarily, or cannot decide for themselves whether help is needed. The judge then looks for a person who, without services, is likely to neglect or refuse to care for themselves in a way that poses a real and present threat of substantial harm, and for a substantial likelihood that without services the person will cause physical harm to themselves or another. Or the judge looks for a refusal that comes from judgment too impaired to make a rational decision about care.<\/p>\n

Before a judge orders treatment, the person generally must be assessed by a clinician.<\/p>\n

Specific, dated facts are usually easier to prove than general complaints. How any case goes depends on the facts, and no outcome can be promised.<\/p>\n

What Evidence Helps You Document the Problem<\/h2>\n

A dated, organized record of thefts, overdoses, and treatment attempts gives the court concrete facts to review.<\/p>\n

The petition must explain the reasons behind your belief. It must say why you think the adult is impaired and has lost control over substance use, under \u00a7 397.68141, petition contents<\/a>.<\/p>\n

Start a log today. Record the date, the item or amount taken, and what happened next. Note overdoses, emergency room visits, arrests, and missed appointments.<\/p>\n

Keep the messages. Save texts, voicemails, and written statements in which your adult child admits using or taking things. Back them up in a second place.<\/p>\n

Write down the treatment history too. List which programs were tried, when, and how each one ended. If the person was never assessed or refused an evaluation, the petition must say so.<\/p>\n

A recent assessment can also help. A petition may include a report from a qualified professional who examined the person within 30 days before filing.<\/p>\n

How a Parent Files a Marchman Act Petition in Florida<\/h2>\n

A parent can file the petition with the clerk of court in the county where the adult is located, and the clerk may not charge a filing fee.<\/p>\n

Under \u00a7 397.68112, who may petition<\/a>, a relative may file for an adult. So may a spouse, a legal guardian, a service provider, or an adult who has direct personal knowledge of the impairment and of the prior assessment and treatment.<\/p>\n

Location matters. Under \u00a7 397.681, jurisdiction and counsel<\/a>, the petition goes to the county where the person is located. In J.P. v. J.N.<\/a>, the Fifth District held that a petition filed in the wrong county was a venue issue, not a loss of jurisdiction. However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction. J.P. v. J.N<\/a>., 225 So. 3d 410 (Fla. 5th DCA 2017)<\/p>\n

The court must schedule a hearing within 10 court working days, unless a continuance is granted. See \u00a7 397.68151<\/a>.<\/p>\n

The court must immediately determine whether your adult child has an attorney or whether one should be appointed. In Hillsborough County v. Albrechta<\/a>, the Second District held that a Marchman respondent has a constitutional right to counsel.<\/p>\n

In an emergency, a judge may act on the petition alone. Under \u00a7 397.6818, court determination<\/a>, the court may enter an ex parte assessment order without appointing an attorney. A provider generally may not hold the person for more than 72 hours of observation, subject to listed exceptions.<\/p>\n

Protecting Yourself and Your Home While You Decide<\/h2>\n

While you decide, lock up cash, cards, checkbooks, medications, and valuables, and change shared passwords.<\/p>\n

Start with money. Keep cash, checkbooks, and credit cards out of reach. Close or limit access to shared accounts where you can.<\/p>\n

Lock up prescription medicine. Keep a written count of what you have, so you notice when something goes missing.<\/p>\n

Change passwords and PINs for your phone, email, and banking apps. Remove your adult child’s access to your home office, safe, and key storage.<\/p>\n

Stop covering losses. Paying off debts, bailing out an arrest, or handing over cash can keep the cycle going. Decide ahead of time what you will not pay for.<\/p>\n

Safety comes first. In an overdose or a direct threat, call 911 right away. Write down each boundary you set and each time it was crossed. That record also supports any petition you later file.<\/p>\n

Common Questions Parents Ask About Forcing Treatment<\/h2>\n

Florida law may let a court order involuntary treatment for an adult child, if the legal standard is proved on the facts.<\/p>

Can I force my adult child into rehab in Florida?<\/summary>

A court may order involuntary treatment for up to 90 days when the conditions are proved by clear and convincing evidence. See \u00a7 397.697<\/a>.<\/p><\/details>

Does a Marchman Act petition lead to jail?<\/summary>

See \u00a7 397.501, rights of individuals<\/a>. Theft itself can be a separate criminal matter.<\/p><\/details>

Do I need proof of every incident?<\/summary>

The petition must state the factual reasons for your belief. A clear, specific list of incidents helps more than general complaints.<\/p><\/details>

Can a Marchman order end early?<\/summary>

Yes, the statute lists grounds for early discharge. One ground is that the person no longer meets the criteria and agrees to voluntary treatment, under \u00a7 397.6971<\/a>.<\/p><\/details>

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

If you are weighing a Marchman petition, Robinson Casey can talk through your situation with you.<\/p>\n

You may still be gathering facts, and you may not be ready to file anything. That is a reasonable place to be when a crisis keeps repeating.<\/p>\n

Robinson Casey focuses its practice on Marchman Act petitions and guardianship matters, serving Miami-Dade, South Florida, and statewide families. Richard J. Casey III, Esq. is the responsible lawyer for this page.<\/p>\n

Bring your notes, your log, and your questions. A conversation can help you see which legal steps are open to you and what the process would involve.<\/p>\n

Call (561) 849-4149 or use the contact form<\/a> to schedule a consultation. The first consultation is free, confidential, and without obligation.<\/p>\n