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It must also be shown that the person or the family has the funds to pay for treatment and there is a good faith reason to believe that the person will be in danger of harming themselves or someone else if they don’t get help. Though substance misuse and SUD are not valid reasons for involuntary commitment, if it causes any of the issues above, it could serve as a sound basis. Criteria for involuntary commitment often include evidence of mental or emotional instability, risk to oneself or others, or an inability to meet basic needs. Not all states consider substance misuse a sufficient indication that involuntary commitment should take place even though SUD can be fatal. While this opportunity can seem like a good alternative for someone who refuses to get care, this isn’t usually the case. Using the law to motivate treatment should be a last resort; getting to this point is in no one’s best interest.

Children & Addicted Parents: The Impact It Has on Children

Seeking professional guidance is crucial in navigating these complex waters. If you’re wrestling with this decision, contacting The Forge Recovery Center could be your next step. They offer personalized care plans tailored to meet the specific needs of you or your loved ones, ensuring a supportive environment for recovery.

Involuntary Commitment Laws for Drug Rehab

This time, this moment of clarity, is the perfect opportunity to urge someone to consider getting help. During a moment of clarity, the guilt and stress can be strong motivation, encouraging someone living with addiction to make a choice for the better. With this in mind, don’t be surprised if they lie to you, their friends, other family members, and anyone else when it comes to their addiction. Instead, keep in mind that the addiction is in control and your loved one needs your help. In this article, we discuss convincing an addict to enter rehab and provide insight regarding what to expect.

Legal Options for Families

If the court reviews the petition, it may either request a hearing for more information or issue an order for the person to enter treatment if it believes that the burden of proof has been fulfilled. Anyone who has dealt with substance abuse knows that denial and disinterest are big elements of the illness of addiction. Many people living with a substance use disorder either don’t believe they have a problem, or aren’t interested in committing to the lifestyle changes necessary to get sober. Unfortunately, only around 11 percent of those who could benefit from rehabilitation pursue treatment.

• This does not include medications to specifically treat mental illness, such as administering antidepressants.
• Anyone—from family members and friends to police and emergency responders—can recommend short-term emergency detention (commitment) for a person in danger of hurting themself or others, as in the case of being suicidal.
• If you are in need of additional support, the first place to reach out is to your health care provider or social worker.
• It’s not designed to be a luxury vacation or a punishment; instead, rehab is intended to garner results that will last in the most effective way possible.
• Substance users who are minors can be compelled to go to rehab but for adults, it’s another story.

Check out our gallery to view our detox, residential, outpatient, and sober living facilities. Our team of addiction recovery experts will help guide you in providing an intervention for your loved one in an effective, safe, and compassionate way. While doing your own research and staging the intervention on your own can be effective at times, the likelihood of your loved one agreeing to getting help is significantly higher with the help of a professional interventionist. These requirements can be interpreted in various ways, so it’s important that you first seek out the help of a lawyer.

What Are the Legal and Ethical Issues?

Families that have a loved one who is living on the street due to SUD may find this valuable as they look for grounds on which to petition the government for involuntary rehab. Involuntary rehab will likely only be mandated if it can be shown that substance misuse treatment will help address how to get someone into rehab the issue and decrease the risk of danger. Family members have to show that the person is living with an active SUD and that they are unable to control themselves as a result, that they cannot manage their own personal care, and that treatment will demonstrably improve their health.

• In some cases, this may involve going to court and obtaining a legal order to mandate your attendance at a rehab program.
• These residential treatment facilities focus on treating individuals with substance abuse issues through a long-term, structured program.
• If the court reviews the petition, it may either request a hearing for more information or issue an order for the person to enter treatment if it believes that the burden of proof has been fulfilled.
• It is essential to be well-informed about the limitations and procedures in each state to navigate the complexities of this sensitive subject.
• A probation officer then follows up with the individual to ensure these conditions are met.

Effectiveness Of Involuntary Rehab

The person you feel needs treatment has the right to legal representation, including a court-appointed attorney if they do not have the financial means. While not every state adheres to these laws, this law is available in some areas. California rehab law, for example, allows you to put your loved one into rehab if they are a danger to themselves or others.

Participants learn to develop healthy coping skills and establish new relationships with others who share their commitment to recovery. However, the process of involuntary commitment usually requires proving that the individual has inflicted harm on themselves or others. This can make it difficult for families to access this option without appropriate evidence. Moreover, using involuntary commitment could raise ethical concerns about the individual’s rights and autonomy.