Can You Force Someone Into Rehab? Involuntary Commitment Laws

If you or someone you care about is struggling with alcohol or drug addiction, these states allow mandatory treatment when voluntary commitment seems out of reach. However, laws are constantly changing, and each state differs in how and when the laws could or would be applied. It’s important to look at your state’s specific guidelines regarding involuntary rehab commitment so that you understand how and when, or if, it would apply to your specific how to get someone into rehab situation. Overall, it is important to follow the necessary procedures to evaluate and determine if it is necessary to involuntarily commit a person to treatment. For some who suffer from an alcohol use disorder (AUD) or a substance use disorder (SUD), making the voluntary choice to enter treatment is not probable or possible. This can be due to a variety of reasons, such as denial of their condition or co-existing mental health issues.

Hawaii Involuntary Commitment Laws

Involuntarily commitment for treatment is possible providing the person hasn’t been charged for an offense. Involuntary rehab stays may increase the rate of relapse and overdose for the individual upon release. If a person feels they are being held against their will, they may resort back to previous use, only this time with a reduced tolerance, which increases the risk of overdose.

• In many states, an involuntary commitment of two weeks is instated and if the person is deemed able to care for themselves outside of the facility, they are released to outpatient treatment.
• For others, discussing the situation and the devastating effects it has on them and your family isn’t enough.
• Michiganders posing a danger to themselves or others can benefit from mandatory treatment.
• Drugs and alcohol are excluded from the definition of mental illness in Alabama.
• For those who are resistant to treatment, the idea of being able to continue going to work and caring for family may make the prospect of addiction treatment more palatable.
• In addition, evidence must be presented that clearly shows their loved one is a threat to others or themselves if not forced into rehab and civilly detained.

Connecticut Involuntary Commitment Laws

A drug court is highly structured and has heavy oversight from law enforcement and healthcare providers, who work together to help individuals remain substance-free. It can be heartbreaking to watch a loved one struggle with substance abuse, whether they drink too much, abuse prescription medications or take illicit drugs like cocaine and heroin. Eventually, you realize your loved one needs professional treatment for a substance use disorder (SUD), be it a voluntary or involuntary rehab. If you are hoping to “force” someone you care about into rehab, this could be possible, but it is not as simple as many would hope. As a parent, you may have more rights to “commit” a minor child to substance abuse treatment if this is permitted in your state.

• The initial length of stay may vary by state, especially if an individual no longer meets the criteria for involuntary admission once they begin treatment.
• The person will likely be evaluated further and asked to appear at a hearing along with an appointed lawyer if they do not have the means to get one for themselves.
• We encourage all those struggling with substance use to seek professional help.
• They may feel unworthy of treatment or be suffering from paranoia that causes them to believe the worst in treatment providers and people like you who are trying to get them help.
• From there, you can prepare for it by practicing ahead of time and preparing for any possible negative outcomes.

Intervention Techniques

Substance misuse and SUD are not considered mental illnesses in New York, but it is possible to secure an involuntary commitment to treatment on the basis of a SUD under New York Mental Hygiene Law § 1.03. Substance misuse is a viable cause for involuntary commitment in Nebraska, as long as specific incidents demonstrate that substance use creates situations where the person is violent or unable to care for themselves. If the court decides to accept the application, a hearing will be held to evaluate the issue. If the person is determined to be a danger to themselves or others or is gravely disabled, they will be committed to a treatment program.

• For example, if a family member knows that another family member began using methamphetamine just a few weeks ago, but that family member is exhibiting signs of a severe mental illness, they could “Baker Act” that family member.
• But first, learn more about what to say and what not to say during an intervention.
• Seeking professional guidance is crucial in navigating these complex waters.
• After that, if the facility administrator or the patient’s doctor feels they are sufficiently able to care for themselves outside of the facility, they can be released to outpatient treatment.
• Helping a loved one who is struggling with addiction can be challenging, but there are ways to encourage them to seek help.

What Evidence Of Potential Harm Is Necessary To Involuntarily Commit The Addict?

In some cases, this may occur organically, and in others, you may need a formal intervention. Understanding the signs and symptoms of addiction is the first step to getting help for your loved one. You can also suffer just as much from supporting them through their addiction. In wrapping up, forcing someone into rehab opens up a Pandora’s box of ethical dilemmas. It’s about finding that delicate balance between wanting to help and respecting an individual’s right to choose their path.

Getting Addiction Help Over the Holidays in Battle Creek, Michigan

It will be necessary for the petitioner to demonstrate with evidence that the person requires treatment and that it’s not safe for them to be on their own. In Wyoming, involuntary treatment is possible as long as the individual has not be charged with a criminal offense. Although West Virginia has the highest rate of deaths by drug overdose, there’s inadequate access to addiction treatment facilities. In Mississippi, it costs $150 to have someone committed for treatment against their will. Once approved, the judge can order treatment for anywhere from 30 to 90 days.

If the evaluation comes back positive, a hearing will be set up to determine how to proceed. This process typically starts with someone, such as a mental health expert or family member, filing a petition alleging that an individual is mentally ill and poses a danger to themselves or others. The FHE Health team is committed to providing accurate information that adheres to the highest standards of writing. If one of our articles is marked with a ‘reviewed for accuracy and expertise’ badge, it indicates that one or more members of our team of doctors and clinicians have reviewed the article further to ensure accuracy. This is part of our ongoing commitment to ensure FHE Health is trusted as a leader in mental health and addiction care. If you are ready to pursue treatment options for your child, send us a message, or learn more about our admissions process.

State-by-State Guide on Involuntary Commitment Laws