Can You Commit Someone To A Rehab Facility

It’s a heartbreaking and almost a helpless feeling to see a family member or a close friend self destruct on drugs. If you are a wife, son, daughter or just a close family member at times you may have thought, if there was a way of forcing someone into drug rehab. This is a question that is frequently asked, the answer is not as simple. Making someone do something against their will is easier said than done. Now if that person is harmful to them selves or to another human being, then you could have them hospitalized or committed. This is called in Florida the Baker act. The problem with this method is they are being evaluated and may not receive help for the addiction but only a recommendation. The Baker act will involve treatment by a psychiatrist, individual and group therapy as well as time to be away from one’s environment at home. With this evaluation a person is observed for mental stability.


The Marchman act for instance in Florida with the help of the court system can result in someone going to rehab for their drug or alcohol problem. However, this can mean showing that the person is abusing drugs to the point of loss of self-control. Normal functioning and daily impairment will be discussed by either blood relatives or three close contacts of the family.

The process for invoking the Marchman Act is as follows: The person(s) that want to invoke this order must set a hearing with the local court and show cause for the requested order. The cause has to reflect that the person in question has lost self-control and is not capable of caring for them selves. The Judge will rule on the matter and if the ruling is just, the individual will be placed in the custody of the court for 5 days for substance evaluation. After the 5 day period the results are them brought before the court and the residing judge can either release this person based on the information contained in the substance evaluation or have this person placed in a treatment facility for 60 days. Note that even in the State of Florida using the Marchman Act, this process is done through the court system and nothing is guaranteed. Some say that criminal charges of possession or being caught will be instrumental in facilitating this process. There is no easy way to commit someone to a rehab facility.

The person is required by law to complete the 60 day treatment program. If this person fails to complete the 60 day program, they are required by the state to show cause of why they didn’t or be jailed. At the end of this 60 day period, the person in question does finish the required treatment they are subject to yet another court review. At the time the judge can either release this person or the judge can add an additional 90 days of treatment. At the end of this period the court will re-evaluate and give its final ruling.

Now, the conditions of the Marchman Act require this individual to be a resident of Florida. If they are not a resident, the courts will not be utilizing the Marchman Act. The Marchman Act is being looked at by many different states for functionality and public safety however; most states do not have a law in place that will allow the courts to try forcing someone into rehab. You will have to contact your State and Local County to find out more information about local laws pertaining to this matter.

Admitting There Is A Problem

As adults, most of us that have a drug problem will not admit or accept that we do. This makes the situation much more difficult, because until we admit we have a problem, change can not happen. It doesn’t matter if we are killing ourselves slowly, hurting others, lying, stealing, on the verge of divorce, losing a home, family or children. We don’t see things the way others do. Our focus is mainly on our next “high” and how we are going to get it.

For some, it can be as simple as someone telling us that we have a problem. We look at ourselves and understand that this thing we are doing is out of control and decide to get help. For others it’s not that simple. For those that fall into this category, we may want to stop or ask for help but we can’t. It’s too much for us. We have either practiced this behavior for a long period of time or feel as though stopping won’t change the way we feel inside.

Trying to make someone go into an inpatient addiction facility will produce often the same result. They often will insist in a denial of a problem. However, some do begin the road to recovery. Those are the ones that understand they can stop the madness, admit they have a problem and begin the process of recovery. In some cases intervention can help, with a well thought out plan and the help of a specialist who has helped others in the same situation, this individual may be swayed to try rehabilitation.

Most rehabilitation programs work the same way, they gather history, place you either in the hospital or a detoxification program for a period of time. Many centers will use a 12 step program, cognitive behavioral approach or other modality. Certain medications may be used to substitute for cravings from opiates or benzo drugs. Individual, group and family counseling help to get to the bottom of the problem but staying clean after rehab is also a very important task once one leaves the protective environment.