Can You Force Someone Into Rehab in Virginia? Involuntary Treatment, Court Orders, and Other Options

It is one of the hardest questions a family can ask. In Virginia, you generally cannot force an adult into addiction treatment just because they are struggling with drugs or alcohol. Involuntary treatment is possible only in narrow situations, when substance use creates a substantial likelihood of serious harm or the person cannot protect themselves or meet basic needs, and it requires a legal process through a magistrate and the local Community Services Board.

This guide explains what Virginia law actually says, how the emergency custody and temporary detention process works, how court-ordered treatment through the criminal system differs, what applies to minors, who pays, and what to do when your loved one says no. It is general information, not legal advice.

The Short Answer: Virginia Has No Marchman Act

Many websites mention the Marchman Act or the Baker Act, but those are Florida laws. Virginia does not have a separate law for involuntary substance use treatment. Instead, Code of Virginia section 37.2-800 states that, for the civil commitment chapter, “whenever the term mental illness appears, it shall include substance abuse.”

That means substance use can be the basis for involuntary treatment, but only under the same strict standards used for any mental health commitment. Having an addiction, even a severe one, is not enough by itself.

The Legal Standard: When Involuntary Treatment Is Possible

Across the emergency custody, temporary detention, and commitment stages, Virginia law looks for the same core conditions. In plain language, the person must:

1. Have a mental illness, which by law includes substance abuse,
2. Be substantially likely, in the near future and because of that illness, to cause serious physical harm to themselves or others, shown by recent behavior causing, attempting, or threatening harm, or to suffer serious harm because they cannot protect themselves or provide for basic needs,
3. Need hospitalization or treatment, and
4. Be unwilling or unable to accept treatment voluntarily.

For a court to order involuntary inpatient treatment, the evidence must be clear and convincing, and less restrictive options must have been investigated and found inappropriate.

How the Process Works, Step by Step

Stage	What happens	Time limit (current law)
Emergency custody order (ECO)	A magistrate may order a person taken into custody for evaluation, based on a sworn petition from a responsible person (including family), a treating physician, or on the magistrate’s own motion. Police can also take someone into emergency custody based on what they observe or reliable reports.	Up to 8 hours (a limited extension can apply while a facility is located)
CSB evaluation	An employee or designee of the local Community Services Board evaluates the person, in person or by video, to see whether they meet the criteria.	During the ECO period
Temporary detention order (TDO)	If the criteria are met, a magistrate may order the person held at a hospital or facility until a hearing.	Up to 72 hours before a hearing, with limited weekend and holiday extensions
Commitment hearing	A district court judge or special justice hears the case. The person has the right to an attorney, appointed if needed.	Held within the TDO period
Involuntary inpatient treatment	If the court finds the criteria are met by clear and convincing evidence.	Up to 30 days initially
Mandatory outpatient treatment	An alternative when outpatient care is appropriate and the person can follow the plan, delivered by the CSB or a designated provider.	Up to 180 days

Many sections of this law have been amended in recent sessions, and some are scheduled to change on July 1, 2027. Confirm current details with your local CSB or an attorney.

What This Process Is, and Is Not

Civil commitment is a safety measure, not a pathway into a rehab program. People are usually held at a psychiatric hospital or crisis facility, and an initial commitment period is short. It can stabilize a crisis and connect someone to care, but it does not replace the person’s own willingness to engage in longer-term treatment.

Facing a Situation Like This Right Now? If your loved one is in immediate danger, call 911 or your local CSB emergency services. If the crisis has passed and you want to talk through treatment options, call Virginia Recovery Centers at (804) 269-8075 or contact us. All calls are 100% confidential.

Who to Contact in a Crisis

• 911 for any immediate danger to life or safety.
• 988, call, text, or chat, for mental health and substance use crises. Virginia’s Marcus Alert system is designed to route appropriate behavioral health calls to crisis services.
• Your local Community Services Board emergency services, available 24 hours a day and responsible for evaluations for involuntary treatment. Find yours in the VACSB directory.
• Your local magistrate, to file a sworn petition for an emergency custody order.
• SAMHSA National Helpline, 1-800-662-4357, for free, confidential treatment referrals.

Court-Ordered Rehab Through the Criminal System

The other way people end up in required treatment is through a criminal or traffic case. This path is separate from civil commitment, and a family cannot start it. It depends on a charge and a judge.

• Recovery courts. Virginia’s Recovery Court Act (formerly called drug treatment courts) allows specialized dockets that combine supervision and treatment. Participation is voluntary and based on a written agreement, and certain violent offenses make someone ineligible.
• First offender deferral. For some first-time possession charges, a court may defer proceedings on conditions that include a substance abuse assessment and treatment or education.
• DUI and the Alcohol Safety Action Program (ASAP). People convicted of DUI are ordered to complete ASAP, with a fee set by law that a court may reduce or waive for indigent defendants.

Our guides on court-ordered rehab in Virginia and how long court-ordered drug rehab lasts explain what to expect once a judge orders treatment. Virginia Recovery Centers also offers a court mandated program for people working through court requirements.

Minors: What Parents Can and Cannot Do

The rules are different for people under 18:

• Under 14: a parent’s consent is generally enough for inpatient mental health or substance use treatment, followed by an evaluation.
• 14 and older: admission generally requires the joint consent of the minor and the parent. If the minor objects, the facility must go to court, where the minor is appointed legal representation, and a judge decides whether treatment can continue.

If your teenager is struggling, your local CSB is a good first call for an assessment.

Who Pays for Court-Ordered or Involuntary Treatment?

In general, the person receiving treatment is responsible for the cost of care, usually through private insurance, Medicaid, or out of pocket. For civil commitment, Virginia law directs facilities to seek reimbursement from insurance first, and hearing costs paid by the Commonwealth can be recovered from the person except in cases of financial hardship. In criminal cases, courts often consider ability to pay.

For treatment afterward, it helps to verify insurance benefits early. Our articles on whether Medicaid pays for rehab in Virginia and what to do if you cannot afford rehab cover more options.

When They Say No: What Families Can Do Instead

Most families will never meet the legal standard for involuntary treatment, and that can feel frightening. But there is still a lot you can do:

• Learn a non-confrontational approach. Our guide to drug and alcohol interventions in Virginia explains CRAFT, a family-based method with strong research support.
• Set boundaries you can keep and, where it is safe, let natural consequences happen rather than shielding your loved one from them. Keep safety supports, such as naloxone, on hand.
• Stay connected and keep the door open. Many people accept help later.
• Have a plan ready for the moment they say yes, including the right level of care, from detox to residential treatment or an intensive outpatient program.
• Get support for yourself through groups such as Al-Anon, Nar-Anon, or SMART Recovery Family and Friends.

Our article on how to help a loved one who refuses rehab goes deeper on these steps.

Final Thoughts

Virginia law allows involuntary treatment for substance use only when there is a serious, near-term risk of harm or an inability to stay safe, and even then the process is short and focused on safety. For most families, the path forward is patience, boundaries, and a ready plan. If you are ever worried about someone’s immediate safety, call 911 or 988 without hesitation.

Frequently Asked Questions

Can a family member petition for involuntary commitment in Virginia?

Yes. Virginia law allows any responsible person, including a family member, to file a sworn petition with a magistrate for an emergency custody order or temporary detention order. The person must meet strict criteria, such as a substantial likelihood of serious harm to themselves or others in the near future, and a Community Services Board evaluation is generally required before a temporary detention order is issued.

Does Virginia have a Marchman Act?

No. The Marchman Act is Florida’s law. Virginia has no separate involuntary substance use treatment law, but its general civil commitment law states that mental illness includes substance abuse for purposes of that chapter, so the same danger-based criteria apply.

How long can someone be held on a TDO in Virginia?

Under current law, a temporary detention order may not exceed 72 hours before a hearing, with limited extensions when the period ends on a weekend or court holiday. If a court then orders involuntary inpatient treatment, the initial order may not exceed 30 days.

Can parents force a teenager into rehab in Virginia?

It depends on age. Parents can consent to inpatient mental health or substance use treatment for a minor under 14. For minors 14 and older, admission generally requires both the minor’s and the parent’s consent, and if the minor objects, a court process with legal representation is required.

Who pays for court-ordered rehab in Virginia?

Usually the person receiving treatment, through private insurance, Medicaid, or out of pocket, although options depend on the program. In criminal cases, courts often consider ability to pay, and some fees can be reduced or waived for people found indigent. Community Services Boards may offer fees based on ability to pay.

This article is general information about Virginia law and is not legal or medical advice. Laws change, and several of the sections described are scheduled to be amended; confirm current requirements with your local Community Services Board, a magistrate, or a Virginia attorney. If anyone is in immediate danger, call 911.

Ready to Talk About Treatment? Virginia Recovery Centers provides licensed addiction treatment serving Richmond, Mechanicsville, and communities across Virginia. Call (804) 269-8075 or reach out online to ask questions about options for someone you love. All calls are 100% confidential.