In Colorado, a person can be ordered to treat substance use if a judge orders it through the involuntary internment process. This is considered a civil law obligation and goes through the civil courts. If granted, a civil obligation is a judge`s order to the individual to complete treatment, which is determined by the Behavioral Health Administration. Involuntary obligation laws allow courts to order mandatory drug treatment for a drug addict. The intricacies of these laws vary from state to state, but the general process involves „unlocked internment“ in a treatment center for 48 hours to 15 days, followed by a hearing. If a person is considered a danger to himself or to those around him, he or she may be admitted to a rehabilitation facility for at least two weeks. If you`re hoping to „force“ someone you love into rehab, it might be possible, but it`s not as easy as many hope. It`s not enough to worry about someone`s drug or alcohol use. As a parent, you may have more rights to „compelle“ a minor child to receive drug treatment if it is allowed in your state. According to NAMSDL senior legislative counsel Heather Gray, 37 states and the District of Columbia currently have laws that allow for the involuntary participation of people with substance use disorders, alcoholism, or both. These patients did not want to go to rehab, nor did someone who is forced to do so by his family.
Nevertheless, the process seems to work just as well, if not better. NIDA has published a research-based guide that concludes that people who are forced into substance abuse treatment stay longer in rehabilitation and do as well, if not better, than their peers who were not forced to participate in a program. In the United States, parents and guardians can unintentionally send their child under the age of 18 to a drug treatment program without a court order. However, as soon as young people who are undergoing treatment against their will reach the age of 18, they can leave. In the eyes of the law, adults can make their own treatment decisions, although most parents do not cease their responsibility for their child`s well-being until their child turns 18. For parents, the ability to go to court and require an adult to undergo treatment could be a way to continue a treatment process that began when their child was still a minor. After exhausting all other options, involuntary confinement laws can be reassuring to friends and family of someone struggling with addiction. On the surface, this seems like a step in the right direction. Which states can force someone to go to rehab, and is it morally justified? Since this is a violation of citizens` rights, a high burden of proof is necessary to convince a judge of the need for an involuntary obligation.
In addition, a 2016 study by the Massachusetts Department of Public Health claims that people who are forced to seek treatment for opioid addiction are more than 50 percent more likely to experience a fatal overdose than those who voluntarily participate in detoxification programs. This is partly due to the loss of tolerance a person will encounter during forced rehabilitation. The National Institute on Drug Abuse recommends that the type of treatment administered be appropriate for the individual.10 The majority of opioid and other drug users abuse multiple substances11-15 and also have co-occurring mental illnesses.16 For these reasons, treatment must be comprehensive and not rely solely on medication or therapy. There is little research on the effectiveness of drug abuse liability laws. However, many researchers have studied the effectiveness of coercive treatment in general or coercive treatment of drug-addicted offenders. Unfortunately, the results of studies on the effectiveness of the prescribed treatment are contradictory. Two systematic reviews of the scientific literature have found that studies of prescribed treatments are fraught with methodological problems.19,20 However, a research-based guide published by the National Institute on Drug Abuse indicates that people who have been forced into treatment stay on treatment longer and perform as well or better than their peers who are not subject to legal pressure.10 Detection criteria The need for involuntary engagement is high. Gray notes, adding, „Parents of minors can take their child to a treatment center against their will, but once the child reaches the age of 18, they can do much less.“ There are many situations where a person can exert legal pressure that leads to treatment for substance use. National drug treatment data from 2014 show that one-third of all admissions were referred for treatment by the court or criminal justice system.12 Civil commitment is only a type of coercive treatment in which the person is forced to undergo treatment by a court, rather than the person voluntarily opting for treatment.
perhaps as an alternative to imprisonment. The severity of a substance use disorder can increase and decrease over time, even in the absence of formal treatment. While drug use can alter the state of mind, people with substance use disorders experience longer periods of sobriety and independence. It is possible that during these periods, a person will realize that commitment to drug treatment may be necessary at some point in the future – perhaps after a relapse. To our knowledge, this possibility has not been addressed in the literature on citizenship laws. To remove ethical ambiguities surrounding involuntary commitment to use substances, decision-makers may wish to consider implementing mechanisms for an individual to formally consent to „involuntary commitment“ during these periods, such as power of attorney documents. The majority of states with involuntary obligations for substance use and alcohol use disorder laws explicitly exclude substance use and alcohol use disorder from their legal definition of mental illness or mental disorder. This is likely due to criminal law considerations, as lawmakers do not want criminal defendants who committed a crime under the influence of a crime to be able to invoke a senseless defense, according to Gray.
It is important to note that these laws are state-specific. This means that many qualification criteria and standards vary from state to state. The law of each state requires that people who are required to have a mental illness. Most also need treatment (if only in their definition of mental illness), according to the Substance Abuse and Mental Health Services Administration (SAMHSA). In many states, a person hospitalized against their will is treated for about two weeks. If, after that, the administrator of the institution or the patient`s doctor feels that he is sufficiently capable of taking care of himself outside the institution, they may be released for outpatient treatment. If they do not undergo outpatient treatment, they may be readmitted to the hospital. The Hazelden Betty Ford Foundation, widely regarded as a leader in addiction treatment, focuses on evidence-based treatments that encourage long-term commitment, especially for people with severe substance use disorders.