The Marchman Act in Florida: How Families Use It and What Comes Next

Florida’s Marchman Act lets a court order a person with a serious substance use problem into assessment, stabilization, and treatment when that person refuses help or cannot seek it on their own. A spouse, relative, or adult with direct knowledge of the situation can file.

The order is only the start. In one study of people leaving detox, just 42% got any further treatment within 14 days of discharge. The petition gets someone into care. What happens in the two weeks after is what decides whether it holds.

This article explains Florida’s process in general terms and is not legal advice. For questions about a specific situation, talk to a Florida attorney.

What Is the Marchman Act?

The Marchman Act is part of Chapter 397 of the Florida Statutes, the chapter covering substance use services. The Lee County Clerk of Court describes it as emergency intervention for people overusing drugs or alcohol — meant for serious situations where the person refuses help or cannot seek it, and may be a danger to themselves or others.

It is a civil court process. A Marchman Act case is not a criminal charge, and filing a petition does not accuse anyone of a crime. It is also separate from the Baker Act, which covers mental health crises under different criteria and procedures.

To qualify, there must be a good-faith reason to believe the person is impaired by substance use — or has a substance use disorder together with a mental health condition, often called a co-occurring disorder. Because of that impairment, the person must have lost the power of self-control over their substance use, and at least one of the following must also be true:

• Their judgment is so impaired that they cannot recognize they need help or make a rational decision about it.
• Without care, they are likely to neglect themselves in a way that creates a real and present threat of substantial harm, and family or friends cannot prevent that harm.
• They have harmed, threatened, or tried to harm themselves or someone else, or are likely to if they are not admitted.

Who Can File a Marchman Act Petition?

For an adult, Florida law allows a petition from the person’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the person’s substance use and past treatment. For a minor, a parent, legal guardian, or service provider can file.

The fee for having the court papers delivered to the respondent — the legal term for the person named in the petition — can be waived if the person filing cannot afford it. Ask the Lee County Clerk’s office about any other costs before you file.

Can a Parent Get Help for an Adult Child Who Refuses Treatment?

Yes. A parent can file for an adult son or daughter. Refusal alone, however, does not meet the standard — the statute says that simply refusing services is not evidence that a person’s judgment is impaired.

What the court needs are facts. Before filing, write down specific events you saw yourself:

• Overdoses
• Emergency room visits
• Lost jobs
• Driving while impaired
• Threats
• Failed attempts to stop

Note what treatment the person has tried and how it ended. A clear record of what happened is more useful to a judge than a description of how worried you feel.

If your adult child is open to a conversation, start there. A voluntary admission keeps them involved in their own plan, and it avoids a court process that can strain the relationship. Family members can also get support of their own while they decide what to do.

How to File in Lee County

The petition must be filed in the county where the person is currently located, not where the family lives. In Lee County, the Clerk of Court’s Mental Health division keeps the records for involuntary proceedings, including Marchman Act cases. Contact the Clerk’s office first to get the current forms and filing instructions.

From there, the process generally follows these steps:

• You file a petition explaining why you believe the person meets the legal criteria, backed by the facts you collected.
• A judge reviews the petition and decides whether the case moves forward to a hearing.
• If the judge finds the criteria proven by clear and convincing evidence, the court can order involuntary treatment for up to 90 days.
• The court can direct the sheriff to take the person into custody and bring them to a licensed treatment provider.
• The court keeps the case open during the order. It can monitor whether the person follows treatment, change the type of treatment, or start contempt proceedings if the order is violated.

The Clerk’s office can also point families to local detox and crisis resources. If someone is in immediate danger, call 911. For a mental health or suicide crisis, call or text 988.

What the Marchman Act Does and Does Not Do

The Marchman Act gives families a legal path when voluntary options have run out. It can get a person assessed, stabilized, and into treatment, with a court overseeing the process. It also has clear limits:

• It is not permanent. An order lasts up to 90 days, and the person must be released once the conditions that justified it no longer exist. A renewal can be requested before the 90 days end.
• It does not pay for private care. Treatment runs through a publicly funded licensed provider unless the person can pay for a private one, or someone else voluntarily pays on their behalf. Ask about costs and openings before the hearing, so the order has somewhere to go.
• It does not guarantee outpatient treatment. To qualify for outpatient services under an order, the person needs a case manager, social worker, or court-appointed person who will report if they stop following the plan. They also generally need a professional assessment recommending outpatient care, services available in their county, and a likelihood that they will follow the plan.
• It does not address why the person was using. Stabilization treats the crisis. The work on what drives the substance use starts afterward.

Why the Step After Stabilization Matters Most

Stabilization and detox get a person through withdrawal safely. They are the start of care, and the handoff to ongoing treatment is where many people are lost.

One study of Medicaid members who went through detox found that only 42% received any substance use treatment within 14 days of discharge. At detox sites that used trained recovery support navigators — staff whose job is to help people connect to the next level of care — the rate was 45%, compared with 38% at sites without them.

Families see this risk too. In a study of friends and family members of people who use illicit opioids in Massachusetts, many turned to civil commitment — the general legal term for court-ordered treatment like the Marchman Act — to reduce the immediate risk of overdose. Some also raised a harder point: overdose risk can rise after a period of forced abstinence.

During time without use, the body loses its tolerance, so returning to a previous amount can be more dangerous than before. That is why the discharge plan deserves as much attention as the petition.

“The petition gets someone into care. What happens in the two weeks after is what decides whether it holds.”

What Happens After Detox?

Detox manages withdrawal. It does not teach coping skills, treat the depression or anxiety that often comes with substance use, or repair relationships. After detox, most people step into a level of care that matches their needs:

• Residential treatment, where the person lives on site with 24-hour structure.
• Partial hospitalization (PHP), with full days of treatment on weekdays and home in the evening.
• Intensive outpatient (IOP), with sessions several times a week built around work and family.
• General outpatient (GOP), with weekly individual or group sessions for ongoing support.

Before discharge, ask the detox or treatment team these questions:

• Is the first appointment at the next level of care already scheduled?
• Who will manage any prescribed medications after discharge?
• Where will the person live, and how will they get to treatment?
• How will the family be included in the plan?

A first appointment booked before the person leaves closes the gap between discharge and treatment.

Do You Work With Court-Involved Clients?

Yes. Sprout Recovery accepts court-involved clients for outpatient care once they are medically stable. That includes people stepping down after stabilization through a Marchman Act case.

Tell our admissions team about any court order or court requirement on the first call. That lets us review whether our outpatient programs fit what the order requires.

Sprout does not provide detox, residential treatment, or medication-assisted treatment. If someone needs one of those first, we will help find it, then welcome them into outpatient care when they are ready.

Outpatient Care After Stabilization in Fort Myers, FL

At Sprout Recovery, our Partial Hospitalization Program (PHP), Intensive Outpatient Program (IOP), and General Outpatient Program (GOP) serve adults 18 and over in Fort Myers, Cape Coral, and across Lee County.

We treat substance use, mental health conditions, and both together. Care includes individual therapy, group therapy, family therapy, Cognitive Behavioral Therapy (CBT), Dialectical Behavior Therapy (DBT), and on-site medication management. Optional recovery housing in Cape Coral is available alongside PHP.

We accept court-involved clients once they are medically stable. Call our admissions team and we will verify your benefits and talk through which level of care fits.