Watching someone you love struggle with addiction is painful, especially when they refuse help. Tennessee does not have laws like Casey’s Law in Kentucky or Marchman Act in Florida to commit someone to rehab.
General mental health crisis laws in Tennessee can apply to drug and alcohol addiction. But, the process can be expensive and the law isn’t meant for addiction, so the judge may not rule in your favor.
An intervention is a better route. Court-ordered options are always a last resort.
Page Topics
What is an intervention? | Is Baker Act in Tennessee?| How can I make someone get treatment? | Does involuntary treatment work? | How else can I help?
What is an intervention?
Interventions are simply conversations where those who know, love and trust your loved one discuss how to stop the cycle of addiction.
If your loved one blew you off when you brought up the topic of treatment privately, an intervention makes the topic less avoidable.
Even if you had an intervention before, you can always have another one. And, money is almost always better spent on an interventionist than an attorney.
An intervention involves:
- 5-6 people impacted by the drug or alcohol use. Consider spouses, parents, siblings, friends, co-workers and even children. Include anyone your loved one trusts that doesn’t use or drink with them. An interventionist is ideal but comes with costs not covered by insurance.
- A focus on love and facts. While families are usually frustrated, leading with love and describing specific behaviors and consequences from the addiction keeps the person receptive instead of defensive.
- A pre-planned treatment option. The goal of the intervention is to go to treatment within 48 hours, ideally immediately after. Costs and logistics can be discussed with the treatment facility ahead of time (see JourneyPure’s flagship Tennessee campus or Tenncare campus). Their willingness will only decrease with time.
Do they have the Baker Act in Tennessee?
The Florida Baker Act law is only valid in Florida. But, similar laws for involuntary psychiatric treatment exist in Tennessee. These laws are not addiction-specific but apply to mental health crisis situations.
What is required to force someone to get mental health treatment in Tennessee?
Here are the criteria for involuntary commitment to a psychiatric hospital in Tennessee:
- They have a mental illness or serious emotional disturbance (drug or alcohol addiction counts as a mental illness in Tennessee laws).
- They pose a “substantial likelihood of serious harm,” which means:
- A person has threatened or attempted suicide or to inflict serious bodily harm.
- The person has threatened or attempted homicide or other violent behavior.
- The person has placed others in reasonable fear of violent behavior and serious physical harm to them.
- The person is unable to avoid severe impairment or injury from specific risks AND there is a substantial likelihood that such harm will occur unless the person is placed under involuntary treatment.
- They need care, training or treatment.
- All available less drastic alternatives are not suitable to meet the needs of the person.
Involuntary commitment doesn’t mean immediate treatment. Typically, the individual is detained until a bed is available. The average wait time for a bed is around 25 hours.
Also, not all assessments come back requiring inpatient care, especially those for addiction-only cases. (Despite Tennessee drug abuse statistics).
How do I force someone to get treatment for mental health in Tennessee?
If the harm to themselves or others is immediate:
In Tennessee, law enforcement, doctors and crisis responders can involuntarily commit someone posing an immediate threat without a court order. (This doesn’t apply to addiction directly but can be used for related issues like suicidal thoughts or psychosis from drugs like meth).
Tennessee Mobile Crisis Services
The first option is usually to call the Tennessee Mobile Crisis Services hotline at (855) 274-7471. A crisis responder will come in person or via telehealth to provide:
- An assessment
- A referral for additional services or treatment
- Stabilization of symptoms
- Follow-up check-in
Law Enforcement
If there are safety concerns or if the mobile crisis team does not service your area, call the police instead.
In Tennessee, law enforcement can detain someone until a full assessment is completed, including transporting to another location for an assessment.
Hospitals
Doctors are also able to hold someone posing a risk of harm, so an emergency room is also an option if the situation calls for it.
Getting a visit from the police or crisis specialists or visiting the hospital is often a “wake-up call” to accept treatment willingly.
If the harm to themselves or others is not immediate:
Harm stemming from neglect of basic needs for food, shelter or personal safety (like in severe cases of addiction) would not qualify for psychiatric holds by crisis responders, police or doctors.
In cases of addiction, your only legal option is to pursue a civil commitment. You can follow the steps yourself, but the Tennessee courts recommend you seek an attorney.
However, I highly recommend using the money for an attorney to pay for an interventionist instead.
How do I file a civil commitment in Tennessee?
A civil commitment is a last resort step with no guarantees.
- Two assessments are required. Two different physicians or one physician and one psychologist (Ph.D.) must complete a Certificate of Need for involuntary hospitalization.
- Most people refusing treatment refuse to go to doctors. Reach out to current or recent treatment facilities or try a hospital. (Though, the hospital won’t be able to hold them if they are unwilling to complete the assessment).
- Fill out the MH-5112 form and file it with the two assessments at your local circuit court.
- Google “circuit court” and your county to find contact information.
- There must be a hearing within five working days after the petition is filed.
- If the individual meets the criteria for civil commitment and the judge orders the person to be committed to a psychiatric hospital, admission is subject to suitable available accommodations. If accommodations are available, the person is then transported to a psychiatric hospital.
While there are great drug and alcohol treatment centers across the state of Tennessee (especially rehabs in Murfreesboro, Nashville Recovery Center, rehab facilities in Chattanooga and Drug Recovery Knoxville), court orders are usually sent to psychiatric hospitals, not rehab facilities.
Does involuntary treatment work?
Early emotions don’t dictate if treatment will be successful or set the tone for the rest of the stay. Most people settle in quickly once they accept the circumstances and why they’re here. Treatment works regardless of how they got here.
What else can I do to help someone in addiction?
Right now, your loved one needs your love and boundaries. Never give up hope, but don’t get sucked into their addiction either.
Here’s another article you should read: How can loved ones help in addiction?
I’m pulling for all those still struggling and their families. And, I’m living proof that recovery is possible!
If you can get the “yes” you’re looking for to get them to treatment, learn more about our Tennesse Rehab Center or rehab facilities in Florida.
JourneyPure.com doctors follow rigorous sourcing guidelines and cite only trustworthy sources of information, including peer-reviewed journals, count records, academic organizations, highly regarded nonprofit organizations, government reports and their own expertise with decades in the fields and their own personal recovery.
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Tennessean: “How Tennessee’s involuntary psychiatric treatment law works.”
Treatment Advocacy Center: “Tennessee”
University of Florida Health: “Baker Act”
Disclaimer
All content is for informational purposes only. No material on this site, whether from our doctors or the community, is a substitute for seeking personalized professional medical advice, diagnosis or treatment. Never disregard advice from a qualified healthcare professional or delay seeking advice because of something you read on this website.
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John Smith says: As big as the drug problem is in TN, there should be better laws. We shouldn’t have to wait for someone to voluntarily go to rehab, because most of the time they won’t. In the meantime, they arrest them for things, or the person harms someone, or is driving around high, and they just end up with a criminal record and no help getting off drugs. They cause the families a lot of problems. I’ve personally known families where the addict seriously harmed or killed a member of their family. They drive around under the influence and could kill someone. They steal to support their addiction, and all the police say is unless we hear them say they’re going to kill themselves or harm someone, there’s nothing we can do. That’s a bunch of bs. What good does it do to put them in jail for a couple days? It’s ridiculous.
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All says:
My cousin is going through a mental break down he needs serious help. Yet he spoke with therapist at southern hills and they let him go home. He is still drinking daily and I honestly believe he is a threat to himself. He won’t work. He won’t do anything to better himself. He just drinks every day, plays video games and argues with his mom.
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John Smith says:
If a person refuses rehab, but has shot a gun in the house with their minor child and set the house on fire with their child there because they are hallucinating and hearing voices whether they are on the drug or not, what can you do? Mobile crisis doesn’t service the area and won’t do anything and the police won’t do anything until someone actually gets hurt or dies. You’d think when you call the police and say this man is hallucinating and shooting guns into the room with their kids, they’d come out and assess the situation. But, they wouldn’t. So, here we are. No one is willing to help. What do you do in cases like that? If we can talk him into going to a Dr for another reason and the Dr sees how much he’s hallucinating and hearing voices, can he have him involuntarily committed?
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Dr. Brian Wind Ph.D. says: Hi John, thank you for commenting. I cannot imagine how frustrated you must feel given the circumstances. You did the right thing by calling the police and mobile crisis services, but since they aren’t responding, involuntary commitment for mental health is your next best option.
If you can convince him to see a doctor or go to the hospital, they can evaluate him and start the process with the court. Be sure to contact the doctor before the appointment to explain the situation and specify that you are seeking involuntary commitment. Be as specific as possible about what you’ve observed, including the hallucinations, shooting guns, and setting the house on fire.
If you cannot convince him to see a doctor, you can also petition the court yourself using this form. You will need to provide proof to the court that he is a danger to himself and others. Your story, while very compelling, won’t count as evidence unless you have physical proof that it happened.
This could include DUI records, court summons, medical records from hospitalizations or diagnosis of mental health issues, etc. Any of these can be used as proof that he is endangering himself and others and needs to be evaluated.
If things escalate again, keep calling the police and the mobile crisis unit. Hang in there and feel free to leave additional questions as things develop. You are in my thoughts and prayers!
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Kyle says:
My wife has been placed under a 6404 but does not want treatment anymore she just went to talk to someone because she’s been depressed and now they won’t let her leave she hasn’t been harmful or doesn’t want to harm anyone else she just wants to come home she was unknowingly going just to speak to someone how can we get her home we have a 1 year old son who needs his mother and I need my wife is there anything we cause go to get her out of there we are in Tennessee
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Laura Olallo says:
I have a brother who lives with my parents, he does not want to get any help at all but its gotten to the point were he hits himself, doesn’t eat, locks himself in his room, sneaks alcohol in the room. We have tried everything, and now we are thinking of ordering involuntary rehab. What is the process of doing that? I live in Memphis, TN
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Dr. Stephen Loyd M.D. says:
Laura – your brother is lucky to have someone like you who is advocating for his safety. Pat yourself on the back for being a good sister. There is no involuntary substance abuse rehab in Tennessee, but your brother would qualify for an involuntary mental health evaluation.
You can start by collecting evidence that will help prove to the court that your brother is a danger to himself if he doesn’t get treatment. Anything can help – text messages, photos or medical records that prove he is a danger to himself. Tennessee law also requires that the individual undergo assessments from 2 physicians (or one physician and one Ph.D.) before being assessed. The medical providers will fill out their own version of the form that verifies that they evaluated your brother, and he meets the requirements for involuntary commitment.
Then, bring your forms and evidence to the Probate court in Shelby County and submit them along with this form.
You and your family are in my thoughts and prayers.
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Elizabeth Lawson says:
I'm so very thankful for this information. My daughter has been on the streets on iv drugs for three years. We are desperate to get her help but she refuses. I'm under the care of Dr. Mack Hicks for my own addiction, she was also there but couldn't abide by the rules to stay in the program. Im trying to figure out anything but she doesn't have insurance. If we can get her to say yes are their any programs that offer scholarship programs?
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Dr. Stephen Loyd M.D. says:
Hi Elizabeth. I am so sorry to hear about your daughter. As you probably know, there's a tragic gap for addiction treatment without insurance. Here are a few resources that may help:
1. Your daughter can apply for Medicaid through the Tenncare website.
2. Mending Hearts in Nashville and Freedom House Ministry in Lebanon are both great non-profit treatment centers.
3. FindTreatment.gov is the government’s online directory of treatment centers. Search with your zip code and select the filters for free or no-cost care. You can also call directly at 1(800) 662-HELP.It’s so hard to watch those we love struggle. You and your daughter will be in my thoughts and prayers.
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Patti Smith says:
Have a niece who has been missing for a couple of months. Missing person report has been filed. Just trying to figure out what our plan needs to be. She has refused to get help in the past.
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Dr. Stephen Loyd M.D. says:
Hi Patti, I am sorry to hear about your niece. You did the right thing filing a missing person report. In the meantime, don’t wait for her to turn up before you arrange treatment. Find a treatment center now rather than later. If she has health insurance, get as much information as you can to do a pre-authorization. It’s best to approach her with a spot in treatment already reserved when she resurfaces. She will be much more likely to accept the help immediately if all she needs to do is say “Yes.”
The most important thing is that she knows that there is help available to her. She is lucky to have family members like yourself looking after her. Best of luck to you!
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Dr. Brian Wind Ph.D. 
Laura Olallo 
Dr. Stephen Loyd M.D. 
Elizabeth Lawson 
L. Atkins 
Patti Smith
Have a niece who has been missing for a couple of months. Missing person report has been filed. Just trying to figure out what our plan needs to be. She has refused to get help in the past.
Hi Patti, I am sorry to hear about your niece. You did the right thing filing a missing person report. In the meantime, don’t wait for her to turn up before you arrange treatment. Find a treatment center now rather than later. If she has health insurance, get as much information as you can to do a pre-authorization. It’s best to approach her with a spot in treatment already reserved when she resurfaces. She will be much more likely to accept the help immediately if all she needs to do is say “Yes.”
The most important thing is that she knows that there is help available to her. She is lucky to have family members like yourself looking after her. Best of luck to you!
Chief is misspelled in your bio.
However, good information for the public.
Good catch, thank you for reading!
I'm so very thankful for this information. My daughter has been on the streets on iv drugs for three years. We are desperate to get her help but she refuses. I'm under the care of Dr. Mack Hicks for my own addiction, she was also there but couldn't abide by the rules to stay in the program. Im trying to figure out anything but she doesn't have insurance. If we can get her to say yes are their any programs that offer scholarship programs?
Hi Elizabeth. I am so sorry to hear about your daughter. As you probably know, there's a tragic gap for addiction treatment without insurance. Here are a few resources that may help:
1. Your daughter can apply for Medicaid through the Tenncare website.
2. Mending Hearts in Nashville and Freedom House Ministry in Lebanon are both great non-profit treatment centers.
3. FindTreatment.gov is the government’s online directory of treatment centers. Search with your zip code and select the filters for free or no-cost care. You can also call directly at 1(800) 662-HELP.
It’s so hard to watch those we love struggle. You and your daughter will be in my thoughts and prayers.
I have a brother who lives with my parents, he does not want to get any help at all but its gotten to the point were he hits himself, doesn’t eat, locks himself in his room, sneaks alcohol in the room. We have tried everything, and now we are thinking of ordering involuntary rehab. What is the process of doing that? I live in Memphis, TN
Laura – your brother is lucky to have someone like you who is advocating for his safety. Pat yourself on the back for being a good sister. There is no involuntary substance abuse rehab in Tennessee, but your brother would qualify for an involuntary mental health evaluation.
You can start by collecting evidence that will help prove to the court that your brother is a danger to himself if he doesn’t get treatment. Anything can help – text messages, photos or medical records that prove he is a danger to himself. Tennessee law also requires that the individual undergo assessments from 2 physicians (or one physician and one Ph.D.) before being assessed. The medical providers will fill out their own version of the form that verifies that they evaluated your brother, and he meets the requirements for involuntary commitment.
Then, bring your forms and evidence to the Probate court in Shelby County and submit them along with this form.
You and your family are in my thoughts and prayers.
My wife has been placed under a 6404 but does not want treatment anymore she just went to talk to someone because she’s been depressed and now they won’t let her leave she hasn’t been harmful or doesn’t want to harm anyone else she just wants to come home she was unknowingly going just to speak to someone how can we get her home we have a 1 year old son who needs his mother and I need my wife is there anything we cause go to get her out of there we are in Tennessee
If a person refuses rehab, but has shot a gun in the house with their minor child and set the house on fire with their child there because they are hallucinating and hearing voices whether they are on the drug or not, what can you do? Mobile crisis doesn’t service the area and won’t do anything and the police won’t do anything until someone actually gets hurt or dies. You’d think when you call the police and say this man is hallucinating and shooting guns into the room with their kids, they’d come out and assess the situation. But, they wouldn’t. So, here we are. No one is willing to help. What do you do in cases like that? If we can talk him into going to a Dr for another reason and the Dr sees how much he’s hallucinating and hearing voices, can he have him involuntarily committed?
Hi John, thank you for commenting. I cannot imagine how frustrated you must feel given the circumstances. You did the right thing by calling the police and mobile crisis services, but since they aren’t responding, involuntary commitment for mental health is your next best option.
If you can convince him to see a doctor or go to the hospital, they can evaluate him and start the process with the court. Be sure to contact the doctor before the appointment to explain the situation and specify that you are seeking involuntary commitment. Be as specific as possible about what you’ve observed, including the hallucinations, shooting guns, and setting the house on fire.
If you cannot convince him to see a doctor, you can also petition the court yourself using this form. You will need to provide proof to the court that he is a danger to himself and others. Your story, while very compelling, won’t count as evidence unless you have physical proof that it happened.
This could include DUI records, court summons, medical records from hospitalizations or diagnosis of mental health issues, etc. Any of these can be used as proof that he is endangering himself and others and needs to be evaluated.
If things escalate again, keep calling the police and the mobile crisis unit. Hang in there and feel free to leave additional questions as things develop. You are in my thoughts and prayers!
My cousin is going through a mental break down he needs serious help. Yet he spoke with therapist at southern hills and they let him go home. He is still drinking daily and I honestly believe he is a threat to himself. He won’t work. He won’t do anything to better himself. He just drinks every day, plays video games and argues with his mom.
As big as the drug problem is in TN, there should be better laws. We shouldn’t have to wait for someone to voluntarily go to rehab, because most of the time they won’t. In the meantime, they arrest them for things, or the person harms someone, or is driving around high, and they just end up with a criminal record and no help getting off drugs. They cause the families a lot of problems. I’ve personally known families where the addict seriously harmed or killed a member of their family. They drive around under the influence and could kill someone. They steal to support their addiction, and all the police say is unless we hear them say they’re going to kill themselves or harm someone, there’s nothing we can do. That’s a bunch of bs. What good does it do to put them in jail for a couple days? It’s ridiculous.