Can You Force Someone into Rehab? Involuntary Commitment Laws

The goal of these programs focuses not on punishing nonviolent alcoholism offenders, but rather to provide positive reinforcement for getting help. Of course, the individual being placed into treatment will need to have been arrested, pleaded guilty, and be in agreement with going to rehab. When substance abuse leads to reckless behavior, such as driving under the influence, society has a vested interest in intervention. However, balancing public safety with personal liberty remains a complex legal and ethical debate. It is essential to approach the situation with empathy and understanding, as demonstrated by the Addiction Group’s recommendations  for convincing someone to go to rehab voluntarily.

Is The Current Involuntary Addiction Treatment System Adequate?

Here’s what you need to know if you want to force someone into rehab against their will. Addiction treatment centers will help a person who doesn’t want to be there, so long as it’s within the confines of state law. In most states, legal guardians of children under the age of 18 can force their children into drug or alcohol rehab even if the child doesn’t consent. However, if the person isn’t a family member or they’re over 18, you’ll need to go another route.

Benefits of Outpatient Addiction Treatment

• According to the National Institute on Drug Addiction, pressure from family, friends, or courts lead to increased treatment attendance, retention rates, and recovery success.
• Unless the treatment programs and their infrastructure is expanded, the effectiveness of involuntary care for substance abuse cannot be guaranteed.
• Based on what state you or your loved one is located in, who will be able to petition their case to the court will vary, whether this be a family member, friend, or medical provider.
• Involves the individual and their family members in therapy to improve communication, address family dynamics, and support recovery.

For your loved one to receive a court order to go to residential treatment, you must prove certain circumstances to a judge. First, you will need to prove that the person in question does in fact have a problem with drug or alcohol abuse. After this, you may also need to provide evidence that the person has harmed themselves or others, or that they will do so if not admitted to a rehab center.

How Much Does Rehab Cost?

Those wondering how to get someone into rehab can leverage this law to commit someone to rehab, especially users suffering from mental illness and may be unable to make such critical decisions on their own. People eligible under the act are those individuals who have lost control of their own will and are at risk of harming themselves and others. Each state has different criteria for who can petition for a loved one to be involuntarily committed to rehab. Additionally, states vary on the evaluation process and the petition process.3 As seen in the 3 laws mentioned above, petitions for involuntary commitment typically go through the civil court system.

• This case is an example of the court system using its power to require an individual to undergo treatment, in order to address their addiction and reduce the risk of future harm.
• A petition for involuntary commitment does retain the civil rights of the person with an addiction.
• Explore outpatient rehab in Kansas and find trusted centers for effective addiction recovery today.

When you have how to get a family member into rehab a loved one who is struggling with substance abuse, you would likely do almost anything to get them addiction treatment help. The National Institute on Drug Abuse reports that as many as 23.9 million people need substance abuse services but only 2.6 million, or about 11 percent, actually receive help. We’re here 24/7 to help you get the care you need to live life on your terms, without drugs or alcohol. Talk to our recovery specialists today and learn about our integrated treatment programs. A family member or friend can petition the court for involuntary treatment.

Examples of Forced Rehab

He now no longer had a psychiatrist, just a “prescriber,” a nurse practitioner who wrote the prescriptions for him. Which wasn’t bad when his medication status was stable and he simply needed a refill. But when he was unstable or had medication side effects it would have been much better to have had a psychiatrist evaluating his symptoms and prescribing the medicine. In addition, when he needed a longer hospitalization there was no backup option. So at the end of his community hospital admissions, he was simply discharged home even if he wasn’t ready for discharge. The only remaining option was a state hospital about a two-hour drive from Madison, where he was hospitalized twice during this time period.

• In some cases, if the individual is a danger to themselves or others, you may be able to commit them to rehab involuntarily through a legal process.
• Similarly, California has the Lanterman-Petris-Short Act, which sets criteria for involuntary 72-hour and extended 14-day holds for individuals.
• An intervention is when a person’s family or friends uses peer pressure to prompt a loved one to admit their problem and go to a rehab center.
• Once approved, the judge can order treatment for anywhere from 30 to 90 days.
• One of the common criticisms of involuntary commitment laws is that, even though they are a start, the length of stay they recommend is often insufficient.
• This is because they have a high risk of failing if the intervention is not done well.

They also believe that treatment cannot be as effective when it is forced and that every individual should have the right to voluntarily select rehab or otherwise. If someone refuses to go to rehab, you may still be able to get them the help they need. Another option is going to drug court to have them ordered into a treatment program. There are ways to bring someone into drug and alcohol rehab for involuntary treatment, but it is typically a difficult process.