Can You Force Someone to Go to Rehab in Florida?

Confronting addiction is a challenging journey often met with denial. Many individuals struggling with drug or alcohol abuse have trouble recognizing their substance use as problematic and are less likely to seek treatment or attend a rehab center. With this, many family members and friends may find themselves asking – can you force someone to go to rehab? Fortunately, some states have involuntary commitment laws in place for this scenario. In Florida, it’s known as the Marchman Act.

What is the Marchman Act?

Named after Florida State Representative Hal S. Marchman, the Marchman Act is part of a Florida statute designed to assist individuals struggling with substance abuse disorders. This act allows families and concerned parties to force someone to go to rehab when their addiction poses a significant threat to their health or safety.

The Marchman Act crucially addresses addiction in Florida by assessing individuals and potentially compelling them to undergo substance abuse evaluation and treatment against their will.

Marchman Act Criteria

To force someone to go to rehab in Florida under the Marchman Act, the petitioner must first demonstrate that the individual:

• Has lost control over their substance use.
• Poses a harmful threat to themselves or others.
• Lacks the capacity to appreciate the need for treatment.

Once determined that your loved one meets the criteria for intervention under the Marchman Act, one may file a petition with the court for involuntary commitment. To initiate this process, the petitioner must be a spouse, guardian, relative, or any other three adults who have direct knowledge of the person’s substance abuse.

Is Florida Residency Required?

While the Marchman Act is a state law that allows people to force someone to go to rehab in Florida, its purpose is to help anyone in Florida who meets the criteria for involuntary commitment, regardless of residency. This flexibility in residency requirements is especially beneficial for individuals from various parts of the United States who find themselves in Florida and need urgent assistance for their substance abuse issues.

Do I Need a Lawyer to Force Someone to Go to Rehab in Florida?

While it is not necessary to have a lawyer to force someone to go to rehab in Florida, having legal assistance can be a huge help in navigating the legal process. Additionally, legal aid can increase the likelihood of a successful outcome by having a third party advocate for your loved one’s well-being.

Additional Methods of Involuntary Commitment in Florida

For those who pose a danger to themselves or others because of substance abuse, there are other ways to force someone to go to rehab in Florida aside from The Marchman Act.

General Involuntary Admission

General involuntary admission is the process in which an individual is admitted to a treatment facility, such as a hospital or rehabilitation center, for mental health or substance abuse treatment unwillingly. This process usually involves a legal or medical determination that the individual poses a danger to themselves or others or cannot care for themselves.

Protective Custody

Law enforcement officers typically decide to invoke protective custody when an individual meets the criteria for involuntary admission. In such cases, police officers intervene to ensure the individual receives the necessary treatment and support. While individuals may be handcuffed when brought to treatment, protective custody procedures are not considered arrests.

Emergency Admission

A physician, spouse, guardian, relative, or any adult with personal knowledge of substance abuse may file for emergency admission to force someone to go to rehab. The application for an emergency admission must be turned in with a physician’s certificate, and the physician must examine the patient within five days of the application date.

What Type of Treatment is Received Under Involuntary Commitment?

Those who are involuntarily committed to rehab will receive comprehensive treatment programs tailored to their individual needs. Treatment options include detoxification, medical stabilization, individual and group therapy, counseling, medication management, and aftercare planning.

The goal of involuntary commitment is to provide patients with the necessary support and resources to address their substance abuse issues and work towards sustained recovery, even if they initially resist treatment.

Is Involuntary Commitment Effective?

When it comes to treating a loved one’s substance abuse, you may be asking yourself, “If I force someone to go to rehab, will it work?”

The truth is that the effectiveness of involuntary commitment depends on various factors, including the individual’s desire to get sober from alcohol or drugs, the quality of treatment available, and their support system. While being forced into treatment can often give people the structure they need to start getting better, it’s not always a long-term solution, and it might not deal with all the reasons why someone is struggling with substance abuse or mental health issues.

Some people might still refuse treatment or have setbacks after they leave. So, whether involuntary treatment works depends on each person’s situation and whether they have ongoing support on their road to recovery.

Get Help Today

If you’re grappling with the difficult decision of whether to force someone to go to rehab, remember that seeking help is crucial for your loved one’s well-being. While involuntary commitment may be necessary in some cases, it’s essential to approach the situation with empathy, understanding, and a commitment to provide ongoing support.

At New You Sober Living, we understand the challenges that come with drug or alcohol addiction. Our compassionate team of professionals is here to offer guidance, resources, and a supportive community to help individuals and their families navigate the journey to recovery. Don’t wait any longer to take action—reach out and get help today to start the journey toward a healthier, happier life.