The short answer
Not on your own, if the person is an adult. But Florida’s Marchman Act lets a family ask a court to order a substance use assessment and treatment when strict legal criteria are met. A judge decides, not the family.
It is a civil court process under Florida Statutes Chapter 397, not a criminal charge. Our guide to the Marchman Act in Jacksonville covers the criteria and the process in full. This page helps you decide whether it’s the right question to be asking.
This page is general information, not legal advice. For your exact situation, talk with a Florida attorney.
What the Marchman Act can and can’t do
Florida law sets a high bar on purpose. Under section 397.675, there has to be a good faith reason to believe the person is impaired by substance use. The law then asks whether they have lost the power of self-control over their use. On top of that, one of these must be true: their judgment is so impaired they can’t see their need for help, they are likely to suffer from neglect in a way that threatens real harm, or they have harmed or threatened to harm themselves or someone else.
Simply refusing help isn’t enough on its own. A person can make choices you hate and still not meet the criteria.
Who can file
For an adult, a petition can come from a spouse or legal guardian, any relative, a licensed service provider or an adult with direct personal knowledge of the person’s substance use and past assessment and treatment. In Jacksonville, our Duval County filing steps explain how it works locally.
What a court order doesn’t change
A court can order someone into care, but it can’t make them want recovery. Some people do engage once they are stable and thinking more clearly. Others don’t, and the case may go back to the judge. It helps to go in with open eyes, and with a plan for what you will do either way.
Marchman Act and Baker Act
| Marchman Act | Baker Act | |
|---|---|---|
| What it is for | Substance use | Mental health crisis |
| Florida law | Chapter 397 | Chapter 394 |
| Typical concern | Severe impairment from alcohol or drugs | Danger from a mental illness, including suicide risk |
| Learn more | Marchman Act guide | Baker Act |
Before you go to court
Things worth trying first
- A calm talk at a sober moment. See how to talk to a loved one
- A doctor’s visit, which can feel less threatening than rehab
- An offer of one small step, like a single assessment
- Clear limits about what you will and won’t pay for
Signs court may be worth exploring
- Repeated overdoses or medical emergencies
- Threats or danger to themselves or others
- They can no longer care for themselves
- Everything else has been tried and the risk keeps growing
If someone is in immediate danger, don’t wait for a court date. In an emergency, call 911. For a crisis, call or text 988.
What about minors?
The rules are different for someone under 18, and parents have more say. Our teen treatment guide covers adolescent programs and Florida’s consent rules. The Marchman Act guide also explains how a petition works for a minor.
Taking care of yourself either way
Whether or not you file, you need support too. Our guide to planning an intervention may help, and family groups can make this less lonely. See Al-Anon and Nar-Anon in Jacksonville.
Questions about forcing treatment
Can I make my adult child go to rehab?
Not on your own. An adult decides for themselves about voluntary care. If they meet the legal criteria, a relative can ask a Florida court for help under the Marchman Act.
Can I force my spouse into rehab?
The same rules apply. A spouse can file a Marchman Act petition, but a judge decides. If you feel unsafe at home, your safety comes first. Call 911 in an emergency.
Does a person get a record from the Marchman Act?
It is a civil process, not a criminal charge. Ask a Florida attorney about how court records work in your situation. Treatment records also have their own privacy protections. See is rehab confidential.
Can a judge send someone to rehab after an arrest?
Courts can include treatment in some criminal cases, but that is a separate process. Ask the person’s attorney what applies.
What if my loved one finally says yes?
Move calmly and quickly. Read how to get into rehab today for the steps, and see our other rehab questions.