Arielle Cruz
Alcohol rehab can be a difficult process, and sometimes it is necessary to commit a loved one to treatment involuntarily. Many people suffering from alcohol addiction are in denial about their condition or are unable to seek help due to co-existing mental health issues. While it is important to first encourage your loved one to seek treatment on their own, involuntary commitment laws exist in 37 states to help families get treatment for those unwilling to receive help. These laws vary by state, but generally, an emergency petition must be filed by someone with knowledge of the individual's condition, and a medical professional must certify that the individual requires treatment. Court-ordered rehab is also an option, where rehab is mandated as part of sentencing for a drug or alcohol-related crime.
How do you have someone committed to an alcohol rehab?
| Characteristics | Values |
|---|---|
| Number of states with involuntary commitment laws for addiction treatment | 37 |
| District with involuntary commitment laws | District of Columbia |
| Entities that can order commitment for adults | Official entities |
| Common ways to achieve involuntary commitment orders | 2 |
| Ways to achieve involuntary commitment orders | Court petition, Criminal charges |
| Who can petition the court? | Relative, treating physician, psychologist |
| Who can file an emergency petition for commitment? | Anyone with knowledge of the individual's condition |
| Who can file a petition for involuntary rehab admittance? | Healthcare professionals |
| Maximum commitment times | 72 hours to a year |
| Average period of commitment | 90 days |
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What You'll Learn
Involuntary commitment laws
To place a loved one in involuntary rehab, there is a step-by-step process that varies from state to state. While specifics differ, most statutes require similar criteria to be met, which may include:
- The individual poses a danger to themselves or others.
- Addiction has rendered them physically or mentally incapacitated and unable to make decisions.
- The individual is unable to fulfill their basic needs or tend to their personal affairs.
Before initiating the involuntary commitment process, it is recommended that families help their loved ones seek treatment on their own. They can explore treatment centers that may appeal to their loved one in terms of location or services provided, such as legal services, family counseling, educational help, medical treatments, and mental health services. If finances are a barrier, public assistance for rehab may be available. Additionally, a rehab clinician may be able to provide an intervention, which involves an organized attempt to confront the loved one about how their alcohol or drug abuse has affected those around them.
If the situation is deemed appropriate for involuntary rehabilitation, the following steps must generally be taken:
- File an emergency petition for commitment by someone with knowledge of the individual's condition. In some states, only healthcare professionals treating the individual can file a petition, while in other states, it can be anyone with knowledge of the individual's condition, including friends, family members, or law enforcement.
- Shortly after the petition is submitted, a healthcare professional who has examined the individual must prepare and file an affidavit attesting that their current state is compromised enough to warrant involuntary placement. The individual has the right to refuse an examination, but the court can still take them into custody.
- Obtain a court order for involuntary commitment. The person has the right to contest the commitment in court, get a lawyer if they cannot afford one, be present at the hearing, cross-examine witnesses, and appeal.
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Court-ordered rehab
In the US, 37 states and the District of Columbia have statutes that allow for involuntary commitment for a Substance Use Disorder (SUD). However, each statute varies by jurisdiction and specifics, and it's important to look at your state's specific guidelines. Generally, a person may be considered a candidate for involuntary rehab if they are a danger to themselves or others, are physically or mentally disabled due to addiction, lack the ability to make decisions, or are unable to fulfill their basic needs.
To obtain court-ordered rehab, a screening investigation must first take place, which can be requested by family members and loved ones of the offender. Police officers and addiction specialists conduct and participate in the investigation, evaluating if the person is unable to control their actions because of their addiction and if they are suffering from health problems related to substance abuse. If the investigation finds that the person is a danger to themselves or others due to their addiction, an emergency court order is issued, and a hearing is scheduled. At the hearing, the offender, their attorney, and their loved ones can ask the judge for court-ordered rehab. The judge then decides whether the person will go to rehab or serve jail time.
There is no set time limit for court-ordered rehab, and the duration will depend on what is mandated by the court and determined by the treatment team. Some may experience a standard 30-, 60-, or 90-day rehab program, potentially followed by aftercare and further coordination with a drug court. However, research shows that court-mandated rehab can be just as effective as voluntary rehab, and individuals who complete it report less drug use. Additionally, court-ordered rehab can reduce the costs of repeatedly processing non-violent offenders through the court and correctional systems.
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Proving harm to self or others
Involuntary rehabilitation is the term used to describe placing someone in rehab without their consent. This is usually done when a person's substance abuse has made them a danger to themselves or others. Many states in the US have statutes that allow for the involuntary detention and treatment of people with addiction.
To prove harm to self or others, certain criteria must be met. Firstly, it must be established that the individual poses a threat, either to themselves or others. This could be in the form of physical harm or the potential for neglect, where the person is unable to fulfil their basic needs or tend to their personal affairs. Secondly, it must be shown that the person is incapacitated and lacks the ability to make decisions due to their addiction. This could be because of co-existing mental health issues or denial of their condition.
In the case of minors, many states allow parents to force their children under the age of 18 to attend rehab without their consent. For adults over the age of 18, involuntary commitment laws come into play, and the criteria for these laws must be met. These laws vary from state to state, but the person with the substance use disorder (SUD) must be assessed by a medical professional, who certifies in writing that the individual requires treatment.
Court-ordered rehab is another common form of involuntary commitment. When a person is charged with a drug or alcohol-related crime, some form of SUD treatment is usually required. Drug courts divert non-violent offenders from prison and place them into supervised treatment programs. To be eligible, the individual must have been arrested, pleaded guilty, and agreed to the court-ordered treatment.
Involuntary rehab is a risky option, as it may increase the rate of relapse and overdose upon release. It is important to be aware of the potential risks and involve medical professionals in the process.
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Filing an emergency petition
Involuntary rehabilitation is the term used to describe placing someone in a rehabilitation facility without their consent. This is usually done when a person with an alcohol use disorder (AUD) or a substance use disorder (SUD) is unable or unlikely to choose to enter addiction treatment on their own.
Before filing an emergency petition, it is recommended that you first try to help your loved one seek treatment on their own. This could involve finding treatment centres that appeal to them in terms of location or services provided, such as legal services, family counselling, educational help, medical treatments, and mental health services. If finances are an issue, there are options for using public assistance for rehab. You can also call an addiction helpline or ask a medical professional to discuss addiction with your loved one.
If these options are not possible or have been unsuccessful, you can file an emergency petition for commitment. This can be done by someone with knowledge of the individual's condition, such as a friend or family member. In some states, only healthcare professionals treating the individual can file a petition for involuntary rehab admittance.
After the petition is submitted, a healthcare professional who has examined the individual must prepare and file an affidavit stating that their current state is compromised enough to warrant an involuntary placement. It is important to note that the individual has a right to refuse an examination, but a court can take a person into custody despite their refusal.
Once the emergency petition has been filed, the person will undergo an emergency commitment (EC) where they will receive substance use treatment for up to 5 days without their consent. During this time, the person will stay at a withdrawal management (detox) program, where they will receive medical and emotional support to help them safely stop using drugs or alcohol.
After the EC period, you can apply for an involuntary commitment (IC) by filing a petition with the court. A court order is required for an IC, and the individual has the right to contest it in court and get a lawyer if they cannot afford one. If the court grants the petition, the individual will be transported to the commitment facility, where they will receive treatment for a period ranging from 72 hours to a year, with the average being 90 days.
It is important to note that involuntary rehab stays come with risks, as they may increase the rate of relapse and overdose for the individual upon release. Therefore, involuntary commitment should be considered a last resort when all other options have been exhausted.
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Encouraging voluntary treatment
For people with alcohol use disorder (AUD), making the voluntary choice to seek treatment can be challenging due to factors such as denial, stigma, and co-existing mental health issues. However, encouraging voluntary treatment is often the best initial approach before considering involuntary commitment. Here are some strategies to encourage a loved one to voluntarily seek help for their alcohol addiction:
- Educate yourself on treatment options: Understand that there is no one-size-fits-all solution, and various treatment options are available. These include 12-step programs, inpatient treatment, behavioural therapies, medications, and mutual support groups. Knowing these options can help you have informed conversations with your loved one about the different paths to recovery.
- Address stigma and offer support: People with AUD may feel embarrassed, isolated, or concerned about the opinions of others. It is important to emphasise that AUD is a common medical condition that can affect anyone and that help is available without judgement. Let your loved one know that you are there to support them throughout their journey.
- Involve a trusted healthcare professional: A primary care provider or a rehab clinician can play a crucial role in encouraging treatment. They can discuss addiction with your loved one, provide referrals to treatment centres, and prescribe medications if appropriate.
- Explore appealing treatment centres: Look for treatment centres that may be a good fit for your loved one in terms of location, services offered, and financial accessibility. For example, some centres offer legal services, family counselling, educational help, and mental health services.
- Utilise support services: SAMHSA's National Helpline is a free, confidential resource that provides treatment referrals and information for individuals and families facing substance use disorders. They can refer you to facilities that charge on a sliding fee scale or accept Medicare or Medicaid. Additionally, local support groups such as Alateen can provide valuable peer support for teens with parents struggling with addiction.
- Consider an intervention: If your loved one is resistant to seeking help, an intervention facilitated by a rehab clinician can be a structured way to confront them about how their alcohol abuse has impacted those around them. This can be a powerful catalyst for change when combined with expressions of concern and offers of assistance.
Remember, the decision to seek treatment must ultimately come from the individual struggling with alcohol addiction. Patience, empathy, and persistence are key when encouraging voluntary treatment.
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Frequently asked questions
The first step is to have a calm conversation with your loved one about their addiction and encourage them to seek professional treatment. Offer to assist them by driving them to a treatment facility or helping them explore their options.
If the person is over 18 and refuses help, 36 states in the US legally allow you to commit a loved one to inpatient alcohol rehab. The process, requirements, and length of commitment vary by state.
The criteria for involuntary commitment vary by state, but generally, it must be proven that the individual poses a danger to themselves or others, or that they are unable to fulfill their basic needs.
The petitioner can be a relative, treating physician, psychologist, friend, family member, or law enforcement officer, depending on the state.
A healthcare professional who has examined the individual must prepare and file an affidavit. The court, with input from psychiatrists and substance abuse counsellors, assesses several factors before making a ruling. The individual has the right to an attorney during the process.
