When an adult son or daughter is struggling with drugs or alcohol and refusing treatment, families often reach the same frightening point:

“They’re an adult. Is there anything I can actually do?”

The answer depends heavily on where the person is located and what that state’s law allows.

Some states make involuntary substance-abuse treatment very difficult to pursue. Florida, however, has a specific legal process known as the Marchman Act, which may allow family members to ask a court to order an adult into substance-abuse assessment and treatment when certain legal requirements are met.

Florida’s Marchman Act is formally known as the Hal S. Marchman Alcohol and Other Drug Services Act, named for Rev. Hal S. Marchman, a longtime advocate for improved substance-abuse services in Florida. It provides the legal framework for both voluntary and involuntary substance-abuse assessment, stabilization, and treatment in the state.

For families who feel like they have run out of options, understanding that process can be important.

Can I Force My Adult Son or Daughter Into Rehab?

Potentially — but not simply because they are using drugs, drinking heavily, or refusing to go to treatment.

Every state handles involuntary substance-abuse treatment differently.

In Florida, the Marchman Act allows certain people, including relatives of an adult, to petition the court for involuntary treatment services. Florida law specifically permits an adult respondent’s spouse, legal guardian, any relative, a service provider, or certain other adults with direct personal knowledge of the person’s substance-abuse impairment and treatment history to file a petition.

That means a parent can potentially seek court intervention for an adult son or daughter.

But the court still has to determine that Florida’s legal criteria are satisfied.

What Does Florida Require Under the Marchman Act?

Florida law requires a good-faith reason to believe the person is substance-abuse impaired, or has a substance-use disorder together with a co-occurring mental-health disorder, and has lost the power of self-control with respect to substance abuse.

Additional criteria must also be met.

For example, the person’s judgment may be so impaired by substance abuse that they cannot appreciate their need for treatment or make a rational decision about receiving it.

Florida law also addresses circumstances in which, without treatment, the person is likely to seriously neglect themselves or where there is a substantial likelihood of physical harm to themselves or someone else.

One important point: simply refusing rehab is not enough by itself.

Florida law specifically provides that mere refusal to receive substance-abuse services does not, standing alone, establish impaired judgment.

The court is looking at what the substance abuse is actually doing to the person’s judgment, safety and ability to control their use.

What Kind of Situations Lead Families to Consider Court-Ordered Treatment?

Marchman Act cases are highly fact-specific.

Families often begin exploring their legal options after circumstances such as:

• repeated overdoses;
• fentanyl, opioid, cocaine, methamphetamine or other serious drug use;
• repeated detox or treatment attempts followed by relapse;
• dangerous behavior while intoxicated;
• an inability to stop using despite serious consequences;
• significant deterioration in the person’s ability to care for themselves;
• emergency-room visits or medical crises;
• threats or acts of physical harm; or
• behavior showing that the person no longer appreciates the seriousness of their condition.

The details matter. A Marchman Act case is not simply about proving that someone has an addiction. The legal question is whether the facts meet Florida’s statutory requirements for involuntary treatment.

What If My Adult Child Lives Outside Florida?

This is an important question — and one families outside Florida ask us as well.

Florida courts have jurisdiction over Marchman Act involuntary-treatment petitions filed in the county where the person is located.

So an adult child does not necessarily have to be a Florida resident for a family to contact a Florida attorney and learn about the Marchman Act.

However, the person who would be the subject of the proceeding must actually be located in Florida before a Florida Marchman Act petition can be filed.

Families sometimes reach out to us when a loved one who ordinarily lives in another state is already in Florida for detox, treatment, a visit, or another reason. In those circumstances, it may be worth discussing whether Florida’s Marchman Act could apply.

The facts and timing matter, and families should obtain legal guidance before assuming that a Florida proceeding is available.

Why Do Families Outside Florida Ask About the Marchman Act?

Involuntary-treatment laws are not the same nationwide.

Different states impose different requirements, use different court procedures and provide families with different avenues for intervention.

That means someone searching online for:

“Can I force my adult son into rehab?”

may receive a very different answer depending on the state involved.

For some families, learning about Florida’s Marchman Act raises another possibility when voluntary efforts have repeatedly failed.

The important point is not that Florida automatically orders someone into treatment. It does not.

Rather, Florida provides a specific court process through which qualifying family members can ask a judge to intervene when the statutory standards are met.

What Happens After a Marchman Act Case Is Filed?

A Marchman Act proceeding is a civil court case.

The person who is the subject of the petition is called the respondent, and Florida law gives that person the right to counsel throughout the judicial proceeding. If the respondent cannot afford private counsel, the law provides for court-appointed counsel.

The court evaluates the evidence and determines whether the legal requirements for involuntary services have been satisfied.

Depending on the circumstances, the process can involve assessment, stabilization and a request for court-ordered treatment.

A filing does not automatically mean that someone will be ordered into long-term treatment. The statutory and procedural requirements still have to be met.

Is the Marchman Act the Same as the Baker Act?

No.

The Baker Act primarily concerns mental-health crises.

The Marchman Act concerns substance-abuse impairment.

There can be overlap when someone is dealing with both substance use and mental-health issues, but the legal standards and procedures are different.

Which law is appropriate depends on the circumstances surrounding the person’s crisis.

“What If They Hate Me for Doing This?”

For many parents, this is not really a legal question.

It is the question that keeps them awake at night.

By the time many families consider court intervention, they have already tried conversations, treatment offers, detox, boundaries, financial consequences, second chances and repeated pleas for their loved one to accept help voluntarily.

They may also be watching the situation become more dangerous.

A Marchman Act proceeding is not appropriate for everyone who struggles with substance use.

But when addiction has reached the point that a person has lost control and can no longer appreciate the need for treatment, Florida law gives families a potential legal avenue to seek intervention.

Families Outside Florida May Still Have Questions Worth Asking

If your adult child is struggling with serious substance abuse and refusing treatment, being located outside Florida does not mean you cannot call a Florida Marchman Act attorney to understand what options may exist.

The key questions often include:

Where is your loved one currently located?

What has been happening?

Have they attempted treatment before?

Does their behavior appear to meet Florida’s legal criteria?

And if they are or will be in Florida, could the Marchman Act become an option?

At Rabideau Law, we help families understand the Florida Marchman Act process and determine whether court intervention may be appropriate based on the facts of their situation.

Call Rabideau Law at 561-820-4848 to discuss your situation.

Our family is ready to help your family.

This article is for general informational purposes only and is not legal advice. Marchman Act cases are fact-specific, and the availability of relief depends on the circumstances of each case.