{"id":6565,"date":"2026-10-16T01:22:48","date_gmt":"2026-10-16T01:22:48","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-parents-adult-child-florida\/"},"modified":"2026-10-20T14:49:56","modified_gmt":"2026-10-20T14:49:56","slug":"involuntary-commitment-addiction-parents-adult-child-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-parents-adult-child-florida\/","title":{"rendered":"Involuntary Treatment for an Adult Child in Florida"},"content":{"rendered":"\n
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Marchman Act & Guardianship | Florida<\/p>

Worried About an Adult Child? Learn How Florida's Involuntary Treatment Process Works<\/h1>

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq. and our team can explain the options and the court process for your family.<\/p>

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By Richard J. Casey III, Esq. \u00b7 Published October 15, 2026<\/p>\n\n

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Yes. In Florida, a parent may ask a court to consider a petition for an adult child who is substance-impaired and refuses help. That request falls under the Marchman Act, and the court decides whether the legal criteria are met.<\/p>\n

Robinson Casey is a Florida law firm that limits its practice to Marchman Act petitions and guardianship matters.<\/p>\n

Can a Parent Ask a Florida Court for Involuntary Treatment for an Adult Child?<\/h2>\n

Under \u00a7 397.68112<\/a>, a petition for an adult may be filed by a spouse or legal guardian or by any relative. The statute also sets conditions for other filers, including an adult with direct personal knowledge of the respondent’s impairment and the respondent’s prior course of assessment and treatment. Other requirements also apply, and the court decides whether a petition meets the statute’s conditions. Other requirements may apply, and the court decides.<\/p>\n

The Marchman Act<\/a> is Florida’s law on substance abuse impairment.<\/p>\n

Involuntary treatment is a court process. It differs from a family’s private decision to seek help. Under \u00a7 397.601<\/a>, a person who wants treatment may apply to a service provider for voluntary admission.<\/p>\n

The typical situation looks like this. An adult child’s substance use affects safety or health, and the adult turns down help. A petition asks a court to review that situation under the statute’s criteria.<\/p>\n\n

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If you are weighing a Marchman Act petition for an adult child who refuses help, you do not have to work through that decision alone. Contact Robinson Casey for a free, confidential initial consultation. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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What Does the Statute Require, and Who Can File?<\/h2>\n

The core criteria appear in Fla. Stat. \u00a7 397.675<\/a>. The statute says a person may meet the criteria for involuntary admission if there is 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 cause the person to lose the power of self-control with respect to substance abuse.<\/p>\n

The statute then lists more findings. One path covers impaired judgment that leaves the person unable to appreciate the need for services or make a rational decision about them. Another path covers neglect or refusal of care that poses a real and present threat of substantial harm. The statute also says that mere refusal to receive services is not, by itself, evidence of lack of judgment.<\/p>\n

This summary is not complete. The statute lists all required findings, so read the full text before deciding.<\/p>\n

A petition must state the respondent’s name, the petitioner’s name, the relationship between them, and the factual reasons for the petition. That requirement comes from \u00a7 397.68141<\/a>. A petition may include a report from a qualified professional who examined the person within 30 days before filing. If there was no assessment, or the person refused one, the petition must say so.<\/p>\n

Meeting these descriptions does not mean an order will issue. The court decides based on the evidence and its discretion.<\/p>\n

What Does Legal Help Cover in a Marchman Act Matter?<\/h2>\n

Legal help matters most where filing rules and court procedure apply. Robinson Casey can help with the following:<\/p>\n