How To Help An Alcoholic: Forcing Treatment

Alcoholism is a serious issue that can have detrimental effects on an individual's physical and mental health, relationships, and future prospects. For families dealing with a loved one's alcoholism, treatment may be the only option to save their life. While some people believe that forcing a person to change is ineffective, those struggling with alcohol abuse may be unable to think clearly, and involuntary treatment could be what they need. Thirty-seven states in the US have involuntary commitment laws for addiction treatment, allowing families to intervene when their loved ones are unwilling to seek help. These laws vary by state, but generally, certain criteria must be met, such as the individual posing a danger to themselves or others or being unable to fulfill their basic needs. While involuntary commitment can be a controversial topic, it offers a way to help those suffering from alcoholism who may be unable to help themselves.

Involuntary commitment laws

In the United States, involuntary commitment laws allow for the temporary detention of individuals with substance use disorders, including alcoholism, who meet specific criteria. These laws vary by state, and the criteria for involuntary commitment may include the individual posing a danger to themselves or others due to their addiction.

Involuntary commitment for alcoholics typically requires a petition to be filed with the court by a spouse, guardian, relative, certifying physician, or administrator of a public treatment facility. The petition must demonstrate that the individual is an alcoholic who lacks self-control over their alcohol consumption and meets the state's specific criteria for involuntary commitment.

For example, in Rhode Island, the criteria for involuntary commitment include the individual:

• Inflicting or threatening physical harm to themselves or others due to their alcoholism.
• Experiencing abnormal mental, emotional, or physical distress and deterioration in their ability to function independently due to alcoholism, coupled with an inability to make rational choices about submitting to treatment, thereby posing a danger to themselves.

If the court finds clear and convincing proof that the criteria for involuntary commitment are met and that the individual would benefit from treatment, an order of commitment is issued. The duration of involuntary commitment varies by state and typically includes a maximum period, such as 30 days in Rhode Island, with provisions for extensions based on the individual's progress and ongoing risk assessment.

It is important to note that involuntary commitment should not be the first course of action when dealing with a loved one's alcoholism. Interventions, professional support, and exploring various treatment options, such as inpatient or outpatient programs and sober living communities, should be considered before resorting to involuntary commitment. Additionally, resources like SAMHSA's National Helpline offer free and confidential referrals to local treatment facilities, support groups, and community-based organizations for individuals and families facing substance use disorders.

Threat to self or others

If you are dealing with a loved one's alcoholism, it is important to remember that different methods work for different people. It is also important to remember that you cannot force a person to change. However, if the person is a threat to themselves or others, there are some ways to get them into treatment.

In 37 states in the US, there are involuntary commitment laws that allow a person to be forced into rehab for drug or alcohol use if they are a threat to themselves or others, or if their addiction is believed to be impairing their ability to make good decisions. If you live in one of these states, you can look into involuntary treatment options.

If the person is a minor, their legal guardian can force them into drug or alcohol rehab, even if the child does not consent.

Another option is to go to drug court and have the person ordered into a treatment program.

It is important to remember that even if a person is forced into rehab, they have to want to get better in order for treatment to be successful. It is recommended that you seek professional help when attempting an intervention.

Incapacitation

In the context of substance abuse, incapacitation refers to the involuntary commitment of an individual to a treatment program or facility. This means that the person is forced to undergo treatment for their addiction, even if they do not consent to it.

In the United States, the laws governing involuntary commitment vary from state to state. As of 2023, 37 states have involuntary commitment laws that allow for the involuntary commitment of individuals struggling with substance use disorders (SUD) or alcohol use disorders (AUD). These laws are designed to protect the civil rights of the individual, allowing them the right to an attorney, to cross-examine witnesses, and to appeal.

The criteria for enacting these laws typically include situations where the individual is a danger to themselves or others, is unable to make sound decisions due to their addiction, or is medically and psychiatrically stable but refuses voluntary treatment. In some states, like Florida, involuntary commitment can also be used for emergency substance abuse evaluation and treatment.

For minors under the age of 18, many states allow parents or legal guardians to force their children into drug or alcohol rehab without their consent. However, for individuals over the age of 18, the process becomes more complex, often requiring court involvement. One option is to involve drug courts, which can divert nonviolent offenders with SUD from prison to supervised treatment programs. This typically requires the individual to have been arrested and pleaded guilty to a charged offense.

While incapacitation can provide a path to treatment for those unable or unwilling to seek help voluntarily, it is important to recognize the potential trauma associated with this approach. It may be necessary to persistently support the individual through interventions and address any co-occurring mental health disorders, like depression or anxiety, to help them voluntarily enter treatment.

Neglect

It is important to remember that you cannot force someone to stop abusing alcohol. While it can be painful and frustrating to watch a loved one struggle with alcoholism, the choice to stop drinking is ultimately theirs. However, there are ways to encourage and support them in seeking treatment.

If you are enabling their addiction, the first step is to stop. This could mean cutting off financial support or refraining from drinking around them. By establishing boundaries and showing that you want to help them get sober, you can position yourself as a supportive figure. It is also important to do your research and understand the specific alcohol issues your loved one is facing. This can help you determine where they are in their addiction and what treatment options are available.

In some cases, an intervention may be necessary. This provides a proper place and time for family members to express their concerns and emotional pain while also delivering ultimatums. It is important to know how to stage an intervention effectively, and seeking professional help can be beneficial. During an intervention, clear steps, goals, and guidelines should be provided to help the person seek treatment.

If your loved one is over the age of majority, involuntary commitment laws may be an option in certain jurisdictions. These laws vary, but they generally require criteria such as the individual posing a danger to themselves or others, being physically or mentally incapacitated, or being unable to fulfill their basic needs (neglect). A medical professional must assess the person and certify in writing that they require alcohol abuse treatment. Involuntary commitment petitions also preserve the civil rights of the individual, giving them legal representation and the right to appeal.

While it can be challenging, it is crucial to remember to take care of yourself during this process. Join support groups, turn to trusted friends, or seek therapy to ensure you are maintaining your own health and happiness.

Court-ordered rehab

There is no set time limit for court-ordered rehab. While some may experience standard 30-, 60-, or 90-day programs, the duration of treatment ultimately depends on the individual's progress and the requirements set by the court. Successful completion of court-ordered rehab can result in reduced sentences or dismissed charges. However, non-compliance will lead to a violation of probation or parole terms, reinstatement of original charges, and sentencing.

The criteria for court-ordered rehab vary, but it is typically for individuals who have committed non-violent, drug-related crimes. Different types of court-ordered rehab programs include Juvenile Drug Treatment Courts, Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) Treatment Courts, Family Treatment Courts, Mental Health Treatment Courts, Veteran Treatment Courts, and Tribal Healing to Wellness Courts.

Frequently asked questions