Watching a loved one battle substance use disorder (SUD) is one of life’s toughest challenges. Over weeks, months, or even years, they jeopardize their well-being, sabotage their career prospects, and destroy relationships due to their addiction.
While some manage to recognize their problem and seek help independently, others need encouragement from therapists or doctors. But what about those who deny they have a problem and refuse help? In these cases, you might wonder: Can I force someone into rehab? Keep reading to find out.
Explore La Fuente’s inpatient and outpatient rehab options by calling 888.903.9898
Can I Force Someone Into Rehab?
Age, situation, and location are the three factors that determine whether or not you can force someone into rehab.
Regarding age, most states allow parents or legal guardians to force their minor children (aged 18 or younger) into rehab without needing the child’s consent.
In terms of the situation, two options enable you to force someone into rehab: drug court or involuntary commitment.
Drug court is the more straightforward option, directing nonviolent offenders toward treatment instead of incarceration. However, this approach requires individuals to have been arrested, pleaded guilty to a criminal offense, and be willing to engage in the court-ordered program. Without these elements in place, involuntary commitment is the only option.
Most state laws require you to demonstrate certain criteria to commit someone. These vary from state to state, but in general, you must prove that an individual:
- Is a threat, either to themselves, or others
- Has become physically or mentally disabled as a result of their addiction
- Is incapacitated and can no longer make their own decisions
- Cannot fulfill their basic needs
Lastly, and most importantly, where you live determines if you can force someone into rehab and the rules about it. The next section lists states with involuntary commitment laws.
States with Involuntary Commitment Laws for Substance Use
Thirty-seven states and the District of Columbia have involuntary commitment laws for substance abuse. Keep in mind that the contents and application of these laws vary widely from state to state.
Here are the states that allow it.
Involuntary Commitment Law Examples
As mentioned in the previous section, involuntary commitment laws are not created equally.
For example, Florida and Massachusetts apply these laws liberally, sending thousands of people to treatment every year. In contrast, Illinois and Utah have never implemented these statutes. Additionally, in Vermont, forced rehab is only applicable for drug abuse, not alcohol abuse. Conversely, Montana and Rhode Island only allow forced rehab for alcohol abuse. Lastly, the duration of involuntary commitment varies. Connecticut permits stays of 30 to 180 days, while in South Carolina, individuals cannot be committed for more than 90 days.
Here are some noteworthy involuntary commitment laws:
- Marchman Act– A 1993 Florida law that allows individuals with substance use disorder (SUD) to be committed for up to 60 days.
- Massachusetts General Law Chapter 123, Section 35 – A law allowing a police officer, physician, spouse, blood relative, guardian, or court official to file a petition asking the court to commit an individual for SUD treatment.
- California Welfare & Institutions Code §5343 – Authorizes family members, legal guardians, and doctors to file for involuntary commitment if a person’s use of controlled substances poses a danger to themselves or others.
Does Forcing Someone Into Rehab Work?
Now that we’ve answered the question of whether or not you can force someone into rehab, the next question becomes: Does it work?
Unfortunately, it’s a complex question without a satisfying answer. Privacy concerns and limited data make it nearly impossible to know if forced rehab is effective in treating SUDs. With that said a 2017 study of involuntary commitment programs in Minnesota provides some insights. Notably, the study found that 6 out of 7 involuntarily committed patients relapsed almost immediately after they were discharged.
Although the study was small, the results are telling — involuntary commitment doesn’t seem all that effective. However, it’s worth noting that research from the National Institute on Drug Abuse suggests that sanctions and pressure from loved ones and the legal system can positively influence attendance, retention rates, and treatment success.
How to Get Someone Into Rehab
If you’re wondering about forcing someone into rehab, then chances are you’re feeling overwhelmed. We understand your frustration and your desire to help your loved one, but we recommend trying less extreme steps first.
Start by researching potential rehab facilities and looking into scholarship programs they need help paying for rehab. It’s also a good idea to reach out to an addiction helpline for advice on treatment options. Additionally, consider contacting a doctor, therapist, or rehab center to help you plan an intervention and select the best treatment program. Hopefully, after making all these preparations, your loved one will see the importance of treatment and agree to go willingly.
Find Help at La Fuente Hollywood Treatment Center
California is one of 37 states where individuals with SUDs can be involuntarily committed. Only family members, legal guardians, or doctors can initiate this process. Before commitment, individuals must undergo an assessment at a treatment center and be deemed a danger to others and/or disabled due to their substance use. Additionally, the treatment center must agree to provide immediate treatment for the petition to be successful.
Here at La Fuente, we hope that all of our patients come to us voluntarily, but we understand that’s not always the case. Please contact us at 888.903.9898 for support and guidance about our treatment programs.
