In Miami-Dade County, a Marchman Act petition for involuntary substance abuse services is filed with Clerk of the Court and Comptroller of Miami-Dade County, in Florida's Judicial Circuit 11. The petition asks a judge to order assessment, stabilization and, if needed, treatment for someone who has lost control of their substance use.
Filing in Miami-Dade County
- Where to file: Clerk of the Court and Comptroller of Miami-Dade County (official Marchman Act information)
- County seat: Miami
- Judicial circuit: Judicial Circuit 11
- Publicly funded services: Thriving Mind South Florida
Miami-Dade County is the only county in Florida's Eleventh Judicial Circuit.
Adult Marchman Act petitions are filed with the Clerk's Probate Section at the Miami-Dade County Courthouse, 73 West Flagler Street, 2nd floor, Room 234, Miami, FL 33130.
Petitions for minors under 18 go to the Clerk's Juvenile Court instead of Probate Court.
The Clerk's adult packet includes a Petition for Involuntary Assessment and Stabilization, an Ex Parte (emergency) Petition for Involuntary Assessment and Stabilization, and a Petition for Involuntary Treatment; forms must be typed or hand-printed (not cursive), and Clerk staff cannot fill them out for you.
The Eleventh Circuit posts a Marchman Instructions Packet and Contact Sheet in English and Spanish, the Petition for Involuntary Services, and a Notice of Related Cases form that must be filed with the petition.
Marchman cases in Miami-Dade, adult or juvenile, are heard by General Magistrates, and adult hearings are normally held within 10 days of filing.
The court does not locate a treatment facility; the Clerk's packet directs families to the county's behavioral health network for placement.
Sources
How the process works
- File the petition for involuntary treatment services with the clerk. Florida law bars a filing fee.
- The judge reviews it. In an emergency the court can issue an ex parte order for law enforcement to take the person to a licensed provider.
- Assessment within 72 hours for adults (longer if detox or medical care is needed).
- Hearing within 10 court working days. The person has a right to a lawyer.
- Treatment order of up to 90 days if the petition is granted, renewable for up to 90 more, with discharge planning at the end.
Details: how to file a Marchman Act · requirements · how long it lasts
Detox and treatment near Miami-Dade County
Courts order Marchman Act assessments and treatment at licensed providers. Voluntary admission is often faster and is worth trying first.
Banyan Health Systems – Detoxification Center
Hospital / inpatientMedical detoxDual diagnosisVeterans Affairs Miami Medical Ctr – Outpatient Substance Abuse Clinic OSAC
Hospital / inpatientMedical detoxDual diagnosisBanyan Health Systems – Chase Center/MH/SA Residential II
Residential / inpatientMedical detoxDual diagnosis125 wellness and detox center llc
Residential / inpatientMedical detoxSummer House
Hospital / inpatientMedical detoxA specialist can help you decide between voluntary treatment and a Marchman Act petition. Free and confidential, 24/7.
Call (866) 649-0814See the full Marchman Act guide, Marchman Act vs Baker Act and treatment in Miami-Dade County. This page is general information, not legal advice.
Neighboring counties
- Marchman Act in Broward County
- Marchman Act in Palm Beach County
- Marchman Act in Collier County
- Marchman Act in Monroe County
Frequently asked questions
Where do I file a Marchman Act in Miami-Dade County?
Marchman Act petitions in Miami-Dade County are filed with Clerk of the Court and Comptroller of Miami-Dade County in Miami. Check the clerk's official page for current forms and hours.
Who can file a Marchman Act petition?
For an adult, a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person's substance abuse impairment and prior treatment history can file. For a minor, only a parent, legal guardian or service provider can file.
Does the person get a lawyer?
Yes. The person named in the petition has a right to a lawyer at every stage, and the court can appoint one through the office of criminal conflict and civil regional counsel. The person who files does not get a court-appointed lawyer.