Can you force someone into rehab in Texas? Court-ordered treatment explained

If someone is in danger right now, call 911. If they're thinking about suicide, or you need crisis help, call or text 988. SAMHSA's National Helpline, 1-800-662-4357, is free and open 24/7 for treatment referrals.

Your options, from least to most force

Option	When it fits	The law
Encourage treatment yourself	Most situations, and first	Voluntary; see how to help someone who drinks too much
Call 911	An overdose, severe withdrawal, or danger to anyone	A peace officer can take a person into custody without a warrant in some cases (Health and Safety Code 462.041)
Court-ordered chemical dependency treatment	An adult with an addiction who meets the legal criteria and won't go voluntarily	Health and Safety Code chapter 462, subchapter D
Emergency detention for mental illness	A mental illness with a substantial risk of serious harm	Health and Safety Code chapter 573
A parent admits a minor	A child under 18	Health and Safety Code 462.022

In an emergency

Call 911 for an overdose, a seizure, confusion or hallucinations during withdrawal, or any threat of violence. Under Health and Safety Code 462.041, a peace officer can take a person into custody without a warrant if the officer believes the person is chemically dependent and that, because of it, there's a substantial risk of harm to the person or others unless they're restrained right away. The officer takes the person to a facility and must file an application for detention.

For an opioid overdose, give naloxone while you wait: see free Narcan in Texas.

Court-ordered treatment under chapter 462

Question	What chapter 462 says
Who can apply	A county or district attorney, or any other adult, such as a parent, spouse, adult child or friend (462.062)
The application	Sworn and in writing
Where to file	With the county clerk in the county where the person lives, is found, or is already in court-ordered treatment
Which court	The constitutional county court, a statutory county court with probate jurisdiction, or a statutory probate court in that county (462.061)
Medical evidence	Certificates of medical examination for chemical dependency from physicians who have examined the person (462.064)
A lawyer for the person	The court appoints one if the person doesn't hire their own
The standard	The judge or jury must find, by clear and convincing evidence, that the person has a chemical dependency and meets the criteria for court-ordered treatment
How long an order lasts	At least 30 and no more than 90 days, for applications filed on or after September 1, 2025 (462.069, as amended by HB 171)

The physician's certificate gives an opinion on whether the person has a chemical dependency and whether conditions the statute lists result from it, such as being likely to cause serious harm to themselves or others, or being unable to make a rational and informed choice about treatment. In 2025, HB 171 (the Anell Borrego Act) changed what the certificate must state and set the 30-day minimum.

The steps, one by one

1. Call the county clerk in the county where the person lives or is found. Ask which court hears chemical dependency applications, what forms it uses, and what filing costs apply.
2. Talk to the county or district attorney's office. It can file the application itself, or tell you how the county handles these cases.
3. File the sworn application. Describe what you've seen, with dates: the drinking or drug use, harm or danger, and attempts at voluntary treatment.
4. The medical examination. Physicians examine the person and sign certificates. Without them, the court can't go forward.
5. Protective custody, in some cases. If the court orders the person held until the hearing, a probable cause hearing must be held within 72 hours of the order unless the person waives it (462.066).
6. The hearing. The person has a lawyer and can contest the application. The judge or jury decides whether the clear-and-convincing standard is met.
7. The order. If granted, the court commits the person to an approved treatment facility, inpatient or outpatient.

What the order means

• Treatment at an approved facility. Texas programs that take court commitments follow HHSC's rules for court commitment services (26 TAC 564.1301). Not every program does, so the court or attorney's office will know which ones near you take them.
• 30 to 90 days. For applications filed since September 1, 2025. The facility's administrator or physician can discharge the person earlier once they no longer meet the criteria, and an order can be renewed under the chapter's rules.
• Then voluntary care. What happens after the order ends matters as much. Plan the next step with the program: outpatient care, medication, sober living or recovery support.

If it's also a mental health crisis

Many people with an addiction also have a mental health condition. Texas has a separate process for mental illness: under Health and Safety Code chapter 573, a peace officer can take a person into custody without a warrant, and an adult can apply to a judge or magistrate for emergency detention, when a person with a mental illness poses a substantial risk of serious harm to themselves or others. Your local mental health authority's crisis line, 988 and 911 can help you decide which route fits.

Teens and minors

A parent or guardian doesn't need a court to get treatment for a child. Under Health and Safety Code 462.022, a treatment facility can admit a minor at a parent's or guardian's request. A minor 16 or older can also ask to be admitted without a parent's consent. See teen drug and alcohol treatment in Texas and when to get help for your teenager.

What families can't do

• Make a program hold an adult. Without a court order or a legal emergency, an adult's treatment is voluntary, and they can leave.
• Skip the court. Only a court can order treatment for an adult under chapter 462; a family's signature on an admission form doesn't.
• Get the person's records without consent. Federal privacy rules for substance use treatment (42 CFR Part 2) mean a program usually needs the person's written consent to tell you about their care. Ask the person to sign one.

Before you go to court

A court order is a big step, and it can strain the relationship you'll need for the long haul. Families often get further first with an approach like CRAFT, which teaches you to encourage treatment without confrontation: our guide to helping someone who drinks explains it. Line up a program first, so you can act on a "yes" the same day: search residential programs in Houston, Dallas, San Antonio or Austin, or any Texas city. If cost is the barrier, see free and state-funded rehab in Texas. And look after yourself: Al-Anon and family therapy help whatever the person decides.