In some states a court can order an adult into assessment or treatment for a substance use disorder, on a petition filed by a family member and against a set of criteria written into that state’s own statute. In other states no such statute exists. Nothing on this page can tell you which applies to your relative, because it depends entirely on where they are and on facts a court has to find.
What this page can do is show you what these laws actually say, using two states whose statutes are published in full, so you can walk into a lawyer’s office already knowing the shape of the question. It covers what civil commitment is, why the answer differs by state, the Florida and Ohio statutes, who may file a petition and what it must contain, what a court order can and cannot achieve, the voluntary routes that usually get further, and how to get legal and clinical advice. Our guide to how to get into rehab covers the ordinary route.
What civil commitment for substance use is
It is a civil court proceeding, not a criminal one. A person known as the petitioner asks a court to find that another adult, the respondent, meets statutory criteria, and to order assessment, treatment or both.
Three features are common across the states that have such a statute. The criteria are written down and a court has to find them met. The respondent is a party with rights in the proceeding, including the right to be represented. And an order is time-limited rather than open-ended.
None of that makes it a substitute for emergency care. These statutes run on court calendars, and a person in immediate medical danger needs a hospital rather than a hearing. If someone is having a seizure, is unresponsive or has trouble breathing, that is an emergency now, and the court process is a separate question for a different day.
If someone is having a seizure, is unresponsive or has trouble breathing, call 911. For a mental health crisis, call or text 988.
Why the answer depends on which state they are in
There is no federal involuntary commitment law for substance use. Each state decides whether to have one, what the criteria are, who may petition, and how long an order may run, so two families in neighboring states can get opposite answers to the same question.
That means a page listing which states do and do not have such a statute would be out of date the moment a legislature acts, and acting on a stale list is worse than having none. The only reliable answer comes from the current statutes of the state where the person actually is, read with a lawyer licensed there.
What is portable between states is the shape of the thing: criteria, a petition, a hearing, an order, and a time limit. The two examples below are useful for that reason rather than because they will apply to you. Our page on levels of care explains what any resulting order would send someone to.
The Marchman Act in Florida
For the Florida process step by step (who can file, what the court decides, the time limits and where treatment happens), see our guide to the Marchman Act in Florida.
Florida’s statute is the one families search for by name. Its criteria section states that a person meets 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, and because of that impairment or disorder has lost the power of self-control with respect to substance abuse [1].
A second limb must also be met. The statute gives three ways to meet it [1].
One is impaired judgment. The person needs substance abuse services, and their judgment is so impaired that they cannot appreciate that need or make a rational decision about it.
The second is neglect. Without care or treatment they are likely to suffer from neglect, or to refuse to care for themselves, in a way that poses a real and present threat of substantial harm to their well-being, where willing and able family or friends cannot avert it.
The third is harm, and families miss it because it sits at the end of a long clause. The statute’s own words are that there is a substantial likelihood that the person “has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another” [1]. A family whose relative has threatened or attempted self-harm is relying on that alternative. It is part of the same limb as the other two.
One clause in there is easy to miss and it matters more than anything else on this page. The statute says in terms that mere refusal to receive services does not constitute evidence of lack of judgment about the need for them [1]. A relative saying no is not, by itself, the thing the law is about.
On procedure, the statute gives the courts jurisdiction over involuntary treatment petitions, requires them to be filed with the clerk of the court in the county where the person is located, and says the clerk may not charge a filing fee [2]. The respondent has the right to counsel at every stage, may waive it only if present and if the court finds the waiver knowing, intelligent and voluntary, and has the right to court-appointed counsel if unable to afford private counsel [2]. Where the court believes the respondent needs or wants counsel, it must appoint counsel regardless of the respondent’s wishes, and a minor who is not otherwise represented gets a guardian ad litem appointed immediately [2].
The voluntary route is usually faster than the court one
Orlando Recovery Center Drug, Alcohol and Mental Health Rehab is our campus in Orlando, Florida, running medical detox, residential and inpatient treatment, inpatient mental health treatment, a partial hospitalization program and aftercare planning. A clinical assessment and a benefits check can be arranged while you are still deciding what else to do.
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Orlando Recovery Center Drug, Alcohol and Mental Health Rehab is part of our family of treatment centers. See the Orlando Recovery Center campus.
Ohio’s Court-Ordered Treatment Statute, and the Law Families Call Casey’s Law
Casey’s Law is the name families use for court-ordered treatment statutes of this kind, and Kentucky is where the name comes from. If that is the state your relative is in, their own statute is the text to read and a lawyer licensed there is who should read it with you; nothing here describes it.
Ohio’s equivalent is published in full and shows what this class of statute demands. Its criteria section states that no person shall be ordered to undergo treatment under those sections unless all of three things apply: the person experiences alcohol and other drug abuse; the person presents an imminent danger or imminent threat of danger to self, family or others as a result of that abuse, or there exists a substantial likelihood of such a threat in the near future; and the person can reasonably benefit from treatment [3].
Notice how much work the second limb does. An imminent danger or threat of danger, or a substantial likelihood of one in the near future, is a higher bar than a family’s justified alarm at a pattern of use. The third limb is unusual and worth dwelling on: the court has to be satisfied that the person can reasonably benefit from treatment [3].
Ohio’s own definitions section defines the petitioner as the person who institutes the proceeding, the respondent as the person alleged to be experiencing alcohol and other drug abuse who may be ordered to undergo treatment, and treatment as services and programs for the care and rehabilitation of intoxicated persons and persons experiencing alcohol and other drug abuse [5]. Our page on medical detox describes what the first stage of that usually is.
What a petition involves and who can file
Ohio’s statute is specific enough to be useful as a worked example, and the details are the kind families do not expect.
Proceedings start by filing a verified petition in the probate court, entitled “In the interest of” the respondent, and the petition must be filed by a spouse, relative or guardian of the individual concerned [4]. That is narrower than people assume. A friend, an employer or a partner who is not a spouse cannot file it.
The petition itself has a required content list: the petitioner’s relationship to the respondent; the respondent’s name, residence address and current location if known; the names and residences of the respondent’s parents if living and known, or the legal guardian if any; the spouse’s name and residence if any and known; the name and residence of any person having custody, or a near relative, or a statement that the person is unknown; and the petitioner’s belief, with the factual basis for it, that the respondent is experiencing alcohol and other drug abuse and presents an imminent danger or threat of danger to self, family or others if untreated [4].
The statute also says such a petition is to be kept confidential and not disclosed by any person, except as needed for the purposes of that section or when a court orders disclosure [4]. That answers one of the questions families ask most nervously, at least under Ohio’s statute.
What a court order can and cannot achieve
Be clear-eyed about this before anyone files anything, because the gap between what these statutes do and what families hope they do is where the disappointment lives.
What an order can do is create time and a setting. It can require assessment, and it can require treatment for a defined period, in a state that has the statute and where the criteria are met.
What it cannot do is make someone want to change, and the published evidence on what works is not about coercion. Federal reporting describes motivational enhancement therapy as working by promoting empathy, developing awareness of the discrepancy between a person’s goals and their behavior, and specifically avoiding argument and confrontation [6]. Family counseling in substance use disorder treatment is positively associated with increased treatment engagement and retention rates, treatment cost effectiveness, and improved outcomes for clients and their families [7].
There is also a safety consequence families rarely hear about. A period of enforced abstinence lowers tolerance. Most opioid overdose deaths occur in people who have just detoxed, because withdrawal reduces tolerance and someone who has just been through it can overdose on a much smaller dose than they used to take [8]. So the weeks after any order ends carry real risk, and a plan for that period matters as much as the order itself.
If someone is having a seizure, is unresponsive or has trouble breathing, call 911. For a mental health crisis, call or text 988.
Voluntary routes that usually get further
Before a petition, try the things that are faster, cheaper and less damaging to the relationship.
Get a clinical assessment arranged and offered. It is a conversation with a clinician rather than a commitment to a stay, and plenty of people who refuse “rehab” will agree to one. Ask a program what it can do about timing, because a benefits check and an assessment can be arranged while a family is still weighing its options.
Get help for the family whether or not the person participates. Family counseling has evidence behind it in its own right [7], and the people considering a petition are usually exhausted.
And handle the practical objections separately from the emotional one, because they are often what the refusal is really about: work, money, a pet, a court date, childcare. Our page on the most common barriers to treatment covers those, and what the rehab process is like answers the “what would actually happen to me” question.
Getting legal and clinical advice
Two different professionals, two different questions, and both are worth an hour.
The legal question is for a lawyer licensed in the state where the person is located. Bring the statute, the facts and the dates. In Florida, a respondent has the right to counsel at every stage and to court-appointed counsel if unable to afford private counsel [2], which tells you the proceeding is adversarial in form even when the family means only kindness.
The clinical question is for a program’s assessment team: what level of care the person appears to need, what happens if an order is made, and what happens the week it ends. Ask specifically about the confidentiality rules that follow. Substance use disorder records may be used or disclosed only as federal regulation permits, and any permitted disclosure is limited to the information necessary for its purpose, whether or not the person asking has a subpoena or is a government official [9]. Our facility directory sorts the campuses we run by state.
Nothing here is legal advice, and it cannot be. It is what two states have published about their own statutes, set out so the questions you ask are better ones.
Frequently Asked Questions
Can I force an adult into rehab? Only where a state statute allows it, and only if a court finds its criteria met. Florida’s criteria require a good faith reason to believe the person is substance abuse impaired and has lost the power of self-control with respect to substance abuse. A second limb must also be met, and the statute gives three ways to meet it: impaired judgment, self-neglect, or a substantial likelihood that the person has inflicted, threatened or attempted to inflict, or unless admitted is likely to inflict, physical harm on themselves or another. The statute says explicitly that mere refusal of services is not evidence of lack of judgment.
Does every state allow involuntary commitment for substance use? No. There is no federal law on this and each state decides for itself whether to have a statute, what the criteria are and who may petition. That is why the only reliable answer comes from the current statutes of the state where the person is, read with a lawyer licensed there. Two states’ statutes are described on this page as examples, not as the rule.
Who can file a petition under Ohio’s statute? A spouse, relative or guardian of the person concerned, by filing a verified petition in the probate court. The petition must set out the petitioner’s relationship, the respondent’s name and location, family and guardian details, and the petitioner’s belief with its factual basis that the respondent presents an imminent danger or threat of danger if untreated. Ohio’s criteria also require that the person can reasonably benefit from treatment.
Does a court order make the treatment records public? Not generally. Under Ohio’s statute a petition is to be kept confidential and not disclosed by any person except as needed for that section’s purposes or when a court orders disclosure. Federal regulation separately limits use and disclosure of substance use disorder records to what the rules permit, and to the information necessary for the purpose. Ask the lawyer how those interact in your state.
Is there a safer alternative to filing a petition? Usually there is a faster one, which is a clinical assessment offered and arranged. Federal reporting describes motivational enhancement therapy as working by avoiding argument and confrontation, and family counseling is positively associated with increased treatment engagement and retention. Sorting out the practical objections, such as work, money and childcare, also removes more refusals than families expect.
Sources
- The Florida Senate. 2024 Florida Statutes § 397.675 — Criteria for involuntary admissions. State of Florida. https://www.flsenate.gov/Laws/Statutes/2024/397.675
- The Florida Senate. 2024 Florida Statutes § 397.681 — Involuntary petitions; general provisions; court jurisdiction and right to counsel. State of Florida. https://www.flsenate.gov/Laws/Statutes/2024/397.681
- Ohio Legislative Service Commission. Ohio Revised Code § 5119.92 — Criteria for involuntary treatment. State of Ohio. https://codes.ohio.gov/ohio-revised-code/section-5119.92
- Ohio Legislative Service Commission. Ohio Revised Code § 5119.93 — Initiation of proceedings; petition. State of Ohio. https://codes.ohio.gov/ohio-revised-code/section-5119.93
- Ohio Legislative Service Commission. Ohio Revised Code § 5119.90 — Involuntary treatment definitions. State of Ohio. https://codes.ohio.gov/ohio-revised-code/section-5119.90
- Office of the Surgeon General. (2016). Facing Addiction in America: The Surgeon General’s Report on Alcohol, Drugs, and Health — Chapter 4: Early Intervention, Treatment, and Management of Substance Use Disorders. U.S. Department of Health and Human Services. https://www.ncbi.nlm.nih.gov/books/NBK424859/
- Substance Abuse and Mental Health Services Administration. (2020). Substance Use Disorder Treatment and Family Therapy, Chapter 1: Substance Use Disorder Treatment: Working With Families. Treatment Improvement Protocol (TIP) Series, No. 39. U.S. Department of Health and Human Services. https://www.ncbi.nlm.nih.gov/books/NBK571084/
- U.S. National Library of Medicine. Opiate and Opioid Withdrawal. MedlinePlus Medical Encyclopedia. https://medlineplus.gov/ency/article/000949.htm
- Legal Information Institute. 42 CFR § 2.13 — Confidentiality restrictions and safeguards. Cornell Law School. https://www.law.cornell.edu/cfr/text/42/2.13
This page is for general information and is not medical advice. Only a licensed clinician who knows your history can tell you what is right for you. If you or someone you know is in immediate danger, call 911. For free, confidential support 24/7, call or text 988.
Author
Chief Medical Officer,
The Recovery Village
