Can you force someone into rehab in California?

Introduction

In California, a family generally cannot place an adult in a rehab program against their will. What the law does allow is narrower. Someone can be held for a short evaluation when they are a danger to themselves or others, or gravely disabled, and a court can appoint a conservator in more serious cases. Since a 2023 law known as SB 43, "gravely disabled" can include a severe substance use disorder. This article explains what those rules do and do not allow, and what families can do instead. Our families guide on talking about treatment covers the conversations that usually come first.

This article is general information about California law, not legal advice. For advice about a specific situation, speak with a California attorney or your county’s behavioral health department.

Can you force someone into rehab in California?

Generally, no. California’s involuntary treatment laws exist for people who are a danger to themselves or others, or gravely disabled, and they lead to evaluation and, in some cases, court-supervised care, not to a place in a chosen rehab program.

That surprises many families, especially after a frightening night. The legal tools that do exist are designed for crisis and for people who cannot meet their own basic needs. They are not a way for one adult to decide where another adult receives addiction treatment.

What is a 5150 hold, and when can it happen?

A 5150 hold lets designated people take someone into custody for up to 72 hours for assessment, evaluation and crisis intervention, when they are a danger to themselves or others, or gravely disabled.

The rule is in California Welfare and Institutions Code section 5150. A hold can be started by a peace officer, by staff of a facility the county designates for evaluation and treatment, by members of a designated mobile crisis team, or by other professionals the county designates. It requires probable cause, and the 72 hours begin when the person is first detained.

The law also says that, at a minimum, the person must be assessed and evaluated during the hold. The aim is to understand the crisis and decide what happens next, which can include release, a longer period of treatment under further legal steps, or voluntary care.

A family member cannot place a hold themselves. In an emergency, the way to involve the people who can is to call 911. The hold is for evaluation in a designated facility; it is not a rehab admission.

What did SB 43 change?

SB 43 widened the meaning of "gravely disabled" so that it can include a severe substance use disorder, on its own or together with a mental health disorder.

Under Welfare and Institutions Code section 5008, as amended by SB 43, a person is gravely disabled when, because of a mental health disorder, a severe substance use disorder, or both, they are unable to provide for their basic personal needs for food, clothing, shelter, personal safety or necessary medical care.

Counties were allowed to delay putting these changes in place until January 1, 2026. That date has now passed.

What is a conservatorship, and when does it apply?

A conservatorship is a court process in which a conservator is appointed for a person who remains gravely disabled. It is a serious legal step.

The same definition of gravely disabled, including the SB 43 changes, applies to the conservatorship chapter of the law. That means a severe substance use disorder that leaves someone unable to meet their basic needs can now be considered. A conservatorship is handled through the courts and the county.

For most families, these tools are a last resort for a loved one in real danger, not a route into treatment for someone who is struggling but still able to look after themselves.

What if mental health is part of the picture?

Then the same legal standards apply, and a psychiatric emergency belongs in a hospital first, or with 911 or 988.

Many people who refuse help for drinking or drugs are also struggling with depression, anxiety or the effects of trauma. Since SB 43, the definition of gravely disabled covers a mental health disorder, a severe substance use disorder, or both together, so the law looks at the whole situation rather than one diagnosis.

For someone who is willing to accept help, co-occurring conditions can be assessed and addressed alongside substance use. Our page on dual diagnosis care describes the approach at our house in Tarzana.

What can families do when someone will not accept help?

Keep talking, look after yourself, and have a specific offer of help ready for the moment they are willing to hear it.

• Choose calm moments to talk, and say what you have seen without labels or blame.
• Learn the options in advance, including what medical detox involves.
• Find support for yourself, so you are not carrying this alone.
• Keep naloxone at home if opioids are involved, and know the steps if someone overdoses.

Our article on California’s Good Samaritan overdose law explains what the law protects when you call 911.

Our article on how detox and rehab differ helps you describe the options clearly.

When should you call for help?

Emergency lines are for danger right now. Admissions is for questions about treatment, and you can call before your loved one agrees.

In an emergency, call 911. If someone is thinking about suicide or in a mental health or substance use crisis, call or text 988 at any hour.

You do not need your loved one’s agreement to ask questions. Many families also ask about cost early on. We work with many PPO plans, and you can read how a benefits check works before you call.