Involuntary Rehab: When Is It Warranted?
When an unknown person is addicted to a substance, it’s easy to point fingers and judge them. But when that person is your loved one, it becomes a little more difficult to play the shame and blame game.
You want them to get help, but you feel helpless because they refuse. Maybe they don’t believe they really have a problem, or maybe they’re worried that entering rehab will cause others to judge them and will impact their jobs.
Whatever the reason is, you know they need help. Before it gets worse, you may even consider having them placed in rehab involuntarily. Considering the statistics show that thousands of people die from drug overdoses each year, you have a point.
With rehab options such as PHP treatment, where people can attend rehab on a flexible schedule, there’s no reason why your loved one can’t get help. But what happens when nothing you say convinces them to voluntarily attend rehab? There are laws on your side regarding involuntary rehab, and we’ll discuss that option here.
Non-Consensual Rehab Facts
When you’re the parent of a child under 18, it’s legal for you to force them to attend rehab for drugs or alcohol. They don’t have to agree. But when they turn 18, even if they’re still living at home and attending school, that law no longer applies. Instead, certain states have involuntary rehab laws.
These laws require specific steps for the commitment’s enactment. Substance Use Disorder (SUD) offenders who are arrested but have no violent record can be placed in a supervised program to treat their addiction. They must plead guilty and agree to the treatment in place of a punishment.
However, if a family member’s addiction is severe enough that their loved ones request legal help, involuntary commitment is possible. It requires going through a process that changes depending on the state, but in general, there must be a threat (to themselves or others), a disability due to the addiction, and self-neglect.
Because the individual in question still has civil rights, they are permitted an attorney, a petition for writ of habeas corpus, and cross-examination of witnesses or an appeal.
Should You Request Involuntary Rehab?
If you’re desperate to help your loved one, you may think involuntary commitment is your only option. The downside of this forced assistance is that you can make a person go through all the steps to stay clean, but if they’re not willing to follow through with the change, they will relapse once they are out of rehab.
If you are concerned that the addict is a threat to themselves or someone else, it may be time to reach out for help for involuntary commitment. Otherwise, talk to their doctor or other medical professionals and ask them for assistance in convincing your loved one to get help.
With partial hospitalization treatment options, same-day detoxes, short programs, and outpatient rehab, you might find something that overcomes the addict’s objections. Involuntary rehab is a possibility. Yet, the treatment will be more effective if the patient is willing and invested in the outcome.