If someone you care about is struggling with substance misuse, you may feel willing to do almost anything to ensure they get help. In certain instances, having a sincere, open conversation about their substance use may encourage them to seek professional treatment. However, if they refuse assistance or deny their problem, you might wonder if compelling them into rehab is possible.
Is It Possible to Force Someone Into Rehab?
Under specific circumstances, it may be possible to “force” someone into a rehab program. For instance, many states allow parents of minors to place their children in treatment without the child’s approval. For adults aged 18 and over, the situation becomes more complex. Still, numerous states have laws that permit involuntary commitment for adults struggling with addiction.
There are generally two main avenues to compel treatment. One involves drug courts, which redirect nonviolent offenders away from incarceration and into rehabilitation. In these diversion programs, the objective is not punishment but addressing the underlying substance use disorder. To qualify, an individual must have been arrested, plead guilty to the charges and then agree to comply with the court-approved treatment regimen.
Another option involves involuntary commitment statutes. Currently, 35 states and the District of Columbia have laws allowing for involuntary admission to addiction treatment. Each state’s regulations vary, but certain conditions must be met to commit someone involuntarily.
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What Is the Involuntary Rehab Process?
The exact steps for involuntary commitment vary among states, yet most follow similar basic criteria. Some common grounds for involuntary treatment include:
- The individual poses a danger to themselves or others.
- The person’s mental or physical health is significantly impaired due to substance misuse.
- They are incapacitated, meaning they cannot make sound decisions about their own care.
- They fail to meet their fundamental needs because of their addiction.
- There is a complete loss of self-control.
Not everyone can petition for involuntary commitment. The right to submit a request may be restricted to certain family members, health professionals or legal authorities. After filing a petition, a medical evaluation is often required. The examining clinician must confirm in writing that the person’s condition necessitates mandatory treatment, and this documentation is presented to the court.
States With Involuntary Commitment Laws for Substance Use
States that currently allow involuntary commitment for addiction-related reasons include:
- Alaska
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
The process aims to safeguard the civil liberties of the individual with a substance use disorder. They have the right to legal representation and may request a writ of habeas corpus, which allows them to appear before a judge. The legal system must ensure that personal freedoms are respected and that the individual is not unfairly held.
If a writ of habeas corpus is filed, it prompts the court to review the legality of the commitment. The court will then determine whether the person’s rights or any laws are being violated.
Laws Specifically Related to Involuntary Rehabilitation
Different states have enacted their own laws to handle involuntary treatment for addiction, such as:
- The Marchman Act (Florida): Concerned parties can petition the court for an involuntary substance misuse assessment. If the assessment criteria are met, a court may order mandatory treatment, which can include detox, stabilization and rehab.
- Casey’s Law (Kentucky): Originating after Matthew Wethington’s death from an overdose in 2002, Casey’s Law took effect in 2004. It permits parents, relatives and even friends to petition the court for treatment on behalf of someone impaired by addiction.
- ASATA (Colorado): Under the Alcohol and Substance Abuse Treatment Act, involuntary commitment is possible if the individual’s substance misuse poses a danger to themselves or others.
- Ricky’s Law (Washington): Implemented in 2018, it allows youths and adults to be involuntarily detained if their substance use renders them dangerous to themselves, others or property, or if they cannot care for themselves.
- Massachusetts General Law Chapter 123, Section 35: This statute permits family members, healthcare professionals, law enforcement officers and court officials to petition for mandatory addiction treatment.
How Long Is Substance Abuse Treatment in These Cases?
The duration of compulsory treatment differs depending on state regulations. Across the nation, it can span from a few days up to a full year. Consult an attorney or review your state’s laws to understand the specific timeframe and legal requirements.
Is Involuntary Commitment Effective?
Although current laws sometimes let you force someone into rehab, the effectiveness of such measures is unclear. Recovery typically demands personal readiness. Even if a person is coerced into treatment, the process involves active participation, effort and following a treatment plan. Without internal motivation, a forced patient may resist meaningful engagement in their own care.
Limited research is available on the outcomes of involuntary rehab, and existing findings are mixed. Some individuals may benefit from compelled treatment, while others may not.
Getting an Unwilling Party to Go to Rehab
When possible, it’s often best if the individual chooses to seek help voluntarily, even though legal routes exist as a last resort. Compelling someone to attend treatment may lead to negative outcomes. Instead, consider positive approaches, such as researching suitable treatment facilities and exploring financial options, including public assistance or nonprofit resources.
You could also consider staging an intervention with guidance from a professional. The main aim of this approach is to encourage your loved one to acknowledge their condition and take the initiative to begin recovery. Helping them find a reputable treatment center and offering emotional support may ultimately be more effective than pursuing forced rehab.
