{"id":5278,"date":"2026-10-11T05:00:30","date_gmt":"2026-10-11T05:00:30","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/make-adult-get-addiction-evaluation-florida\/"},"modified":"2026-10-19T07:07:49","modified_gmt":"2026-10-19T07:07:49","slug":"make-adult-get-addiction-evaluation-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/make-adult-get-addiction-evaluation-florida\/","title":{"rendered":"Can You Make an Adult Get an Addiction Evaluation in Florida?"},"content":{"rendered":"
<\/span>\"make
<\/div><\/div>\n
\n

Can You Make an Adult Get an Addiction Evaluation in Florida?<\/h1>\n

Short Answer: Can a Florida Court Require an Adult to Get an Evaluation?<\/h2>\n

Yes, in some cases. Under Fla. Stat. \u00a7 397.6818<\/a>, which addresses the court’s determination on a petition for involuntary assessment, a court may order an assessment when it finds the petition supports one. Under Florida’s Marchman Act petition statute<\/a>, if the respondent is an adult, a petition for involuntary treatment services may be filed by the respondent\u2019s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent\u2019s substance abuse impairment and his or her prior course of assessment and treatment. The court decides whether to order one, based on the petition, the evidence, and the facts of the case.<\/p>\n

If you are asking whether a Florida court can order an adult to get an addiction evaluation, the honest answer is “it depends.” No one can tell you how a judge will rule. This page offers a general overview and does not address every part of the law. Other requirements may also apply to your situation.<\/p>\n

This page is general information, not legal advice. Every case turns on its own facts. Reading the full text of the law can help you understand how it may relate to your situation.<\/p>\n

What the Marchman Act Says About Adult Assessments<\/h2>\n

The Marchman Act sets up a court process for adults whose substance use may be impairing their safety or judgment. Its core test appears in Fla. Stat. \u00a7 397.675<\/a>. The statute asks whether there is a good-faith reason to believe the person is substance abuse impaired. It also asks whether the impairment has left the person without power of self-control over substance use.<\/p>\n

The statute then gives two further alternatives. One is that the person is in need of substance abuse services and their judgment is so impaired they cannot appreciate their need for services or make a rational decision about them. The other has two parts. Under the first part, without care or treatment, the person is likely to suffer from neglect or refuse to care for themselves; that neglect or refusal poses a real and present threat of substantial harm to their well-being; and it is not apparent that the harm may be avoided through the help of willing family members or friends or the provision of other services. Under the second part, there is a substantial likelihood that the person has inflicted, threatened, or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on themselves or another.<\/p>\n

This is a summary, not the full statute. The statute’s text controls, and other requirements may also apply.<\/p>\n

The statute also says that a mere refusal to get services is not, by itself, evidence of lack of judgment. The court looks at the whole picture.<\/p>\n

Courts also have discretion over what comes next. Under Fla. Stat. \u00a7 397.697<\/a>, the statute provides that the court may order treatment for a period of up to 90 days if the conditions are proved by clear and convincing evidence. Whether the court enters an order at all, and the length of any order, depends on the court’s discretion and the circumstances of the case.<\/p>\n

Who Can File a Petition and Who the Court May Order to Be Assessed<\/h2>\n

For an adult, the statute names who may file. Under Fla. Stat. \u00a7 397.68112<\/a>, a petition may come from the person’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment. Other requirements may apply, and the court decides whether a petition may proceed.<\/p>\n

The petition has required content. Fla. Stat. \u00a7 397.68141<\/a> requires the respondent’s name, the petitioner’s name, their relationship, and the facts showing why services are needed. The facts must explain why the petitioner believes the person is impaired and has lost self-control, along with the reasons supporting the harm or impaired-judgment grounds. The statute may also call for information related to the respondent’s counsel. This is not a complete list; the statute sets out other required contents, and other requirements may apply. A report from a qualified professional who examined the person within 30 days before filing may be attached.<\/p>\n

Location matters, too. Fla. Stat. \u00a7 397.681<\/a> says a petition is filed with the clerk in the county where the person is located, and the clerk may not charge a filing fee.<\/p>\n

The statute also provides for ex parte orders in some circumstances. Under Fla. Stat. \u00a7 397.6818<\/a>, which addresses the court’s determination on a petition for assessment, the court may rely on the petition alone and enter an ex parte order without appointing an attorney. Whether the facts stated in the petition support such an order is a question the court decides.<\/p>\n

What a Substance Abuse Evaluation Generally Involves<\/h2>\n

An evaluation is a structured assessment. The statute defines a clinical assessment as the collection of detailed information about a person’s substance use, emotional and physical health, and social roles. That information helps identify a treatment plan. The definition appears in Fla. Stat. \u00a7 397.311<\/a>.<\/p>\n

The same section defines a “qualified professional.” That includes a licensed physician or physician assistant, certain other licensed professionals, a licensed advanced practice registered nurse, and certain certified treatment personnel with at least a bachelor’s degree.<\/p>\n

Before a court can order involuntary treatment, a clinical assessment generally must happen. Under Fla. Stat. \u00a7 397.6957<\/a>, the respondent may not be ordered into treatment without one. The exception is when the respondent is present in court and expressly waives it. The same section says the court may also order drug tests.<\/p>\n

Section 397.6957 provides that the written report include a treatment recommendation and note any co-occurring mental health or other treatment needs. The report helps the court, but the judge still makes the decision.<\/p>\n

Who Performs the Evaluation When a Court Orders One<\/h2>\n

Under Fla. Stat. \u00a7 397.6818<\/a>, an officer may take the respondent to either the nearest appropriate licensed provider or one the court designates.<\/p>\n

The respondent also has options. Section 397.6957 allows the respondent to request an independent assessment by a court-appointed or otherwise agreed qualified professional. The court must tell the respondent about this right.<\/p>\n

The respondent also has a right to a lawyer. Under Fla. Stat. \u00a7 397.681<\/a>, the respondent has the right to counsel at every stage. The respondent can waive that right only if present and the court finds the waiver is knowing, intelligent, and voluntary.<\/p>\n

Read any court order closely. An order may state the provider, the dates, and the conditions. Other requirements may apply.<\/p>\n

Voluntary Options Versus a Court-Ordered Evaluation<\/h2>\n

A voluntary route starts with the adult. Under Fla. Stat. \u00a7 397.601<\/a>, a person who wants treatment for substance abuse may apply to a service provider for voluntary admission. That route does not involve a court petition.<\/p>\n

The two paths differ in what they depend on. A voluntary route depends on the adult’s willingness. A court-ordered route depends on the petition, the evidence, and the court’s discretion. Under section 397.6957, testimony at an involuntary hearing is to be given under oath and recorded. The respondent may refuse to testify.<\/p>\n

Court-ordered routes can also be complicated.<\/p>\n

No route can promise a particular result. A court may decide differently than a family hopes. The outcome depends on the judge’s decision and the facts.<\/p>\n

Common Questions: Intervention, Refusal, and How Long an Evaluation Takes<\/h2>\n

Refusal does not end the question. As noted above, the statute says a mere refusal is not, by itself, evidence of lack of judgment. A court would look at more than a single “no.”<\/p>\n

Timing depends on the provider’s schedule and, when a court is involved, the court’s calendar. Under Fla. Stat. \u00a7 397.68151<\/a>, the statute provides that the court shall schedule a hearing within 10 court working days, unless a continuance is granted. Continuances can change that date. In practice, the actual hearing date depends on the court’s calendar and its discretion in each case.<\/p>\n

Assessment orders may have a limited life. Florida law may limit how long an assessment order remains in effect, and a court may dismiss a case if an assessment is not completed within the time the law allows. Whether and how that applies depends on the current text of the law, the court’s decision, and the circumstances of the case. Laws can change over time, so it may help to review the current text.<\/p>\n

A conversation with a loved one who does not want help can be hard. No single approach fits every family. The firm cannot predict which approach fits yours, and it does not claim any particular method works.<\/p>\n

Talk Through Your Situation Before You Decide on a Petition<\/h2>\n

If you are reading this for someone you love, you did not choose this situation. Deciding whether to ask a court to step in is a serious choice. It’s normal to want more information first.<\/p>\n

Robinson & Casey is a law firm that limits its practice to Marchman Act petitions and guardianship matters. The firm can talk through the facts of your situation, including the questions about who may file, what the petition must say, and what a court may order.<\/p>\n

If you want to talk through your situation, contact Robinson & Casey at (561) 849-4149 or through the contact page<\/a>. The firm cannot predict how a court will rule in your case.<\/p>\n

Responsible for this page:<\/strong> Robinson & Casey, law firm. Responsible lawyer: [Name of responsible lawyer]. Office: [City or county of bona fide office], Florida.<\/p>\n

Responsable de esta p\u00e1gina:<\/strong> Robinson & Casey, despacho de abogados. Abogado responsable: [Nombre del abogado responsable]. Oficina: [Ciudad o condado de la oficina], Florida.<\/p>\n