Can You Force Someone to go to Rehab in Texas?

Forcing Someone into Addiction Treatment

If a loved one is struggling with substance misuse, you would probably do anything to assist them in getting the addiction treatment they need. Some people who struggle with substance abuse can be convinced to get addiction treatment to imply by having a conversation with them about their actions and the effects they’ve seen them have on others.

Talking about the tragedy and its consequences on you and your loved ones isn’t enough for some people. But can you force someone to go to rehab in Texas?

That sort of thing happens frequently. Less than 20% of the 21.6 million Americans aged 12 and up who suffer from substance use disorder and need substance abuse treatment actually receive any, and only 12.2% receive specialized mental health services.

Over a million people have lost their lives to a drug overdose since 1999, and in 2019, 70,630 Americans have lost their lives to an overdose. Since then, that number has grown to over 100,000 a year and reached a record high of over 120,000 in 2021. Many shudder to predict what the 2022 numbers will be when they’re released.

Addiction therapy may be the only chance for survival for loved ones whose families are struggling with substance abuse. How can you force someone into rehab? If you’re struggling with someone who needs help from licensed medical professionals but won’t enter alcohol or drug rehab – read this article in its entirety!

Can You Force Someone Into Rehab?

In many places, parents can send their underage children to drug and alcohol treatment centers against their will. However, an adult over 18 presents a different story. Can you force someone into rehab in certain cases? We know that mental illness and mental health disorders present an opportunity for a forced commitment situation. This is an automatic rule in most places if someone has inflicted physical harm or threatens to inflict physical harm.

However, can you force family members to attend addiction treatment? Watching someone you love suffer is difficult, and getting them help is key.

As a result, a number of states have passed involuntary commitment statutes (applicable to those over the age of 18).

Putting someone in rehab against their will? At times, this is possible. And there are several approaches to take.

Through drug courts, for example, nonviolent offenders with a Substance Use Disorder (SUD) might avoid prison by being admitted to supervised treatment programs, the focus of which is not punishment but rather recovery. In 2015, the criminal justice system referred roughly 30% of the 12 and over population who attended substance addiction treatment.

But one must have been arrested, pled guilty to the charge, and be willing to participate in the court-mandated treatment program in order to be accepted into drug court.

Can You Force Someone Into Rehab: Being Involuntarily Committed

Involuntary commitment laws provide another alternative for families who are desperate to get their loved one into treatment for alcoholism and/or a SUD. When someone is involuntarily committed, their forced rehab stay takes care of their basic needs and gives them a chance to beat drug or alcohol addiction.

At the present time, involuntary commitment for a SUD is legal in 37 states and the District of Columbia. Texas happens to be one of the states where you can involuntarily commit someone.

And while it’s true involuntary commitment laws work, there eventually has to be a certain degree of participation in forced rehab situations. Keep this in mind: Nobody will ever recover unless they truly find the will to do so.

Although the specifics of involuntary commitment laws vary greatly from one jurisdiction to the next, they have a set of common requirements.

Exactly How Does an Involuntary Commitment Work?

There is a procedure that must be followed to force someone you care about into treatment, and it differs from state to state. In general, most statutes include the following requirements, though the particulars may vary:

• The person is dangerous, either to herself or others.
• Impossibility of doing something normally because of illness or injury.
• They are unable to function normally because of their addiction.
• A lack of decision-making skills hinders this person.
• Your loved one can’t take care of themselves or meet their most fundamental requirements.
• There was a complete breakdown in discipline.

In addition, states have varying rules about who can file a petition (a relative, a treating physician, or a psychologist). However, a medical professional must first evaluate the SUD sufferer and provide written certification that the person has a substance addiction disorder and needs forced rehab.

Is There a List of the States That Have Involuntary Commitment Laws Regarding Drug Abuse?

The following states have involuntary commitment statutes for SUD treatment:

• California
• Washington
• Alaska
• Hawaii
• Montana
• North Dakota
• South Dakota
• Colorado
• Nebraska
• Kansas
• Oklahoma
• Texas
• Minnesota
• Iowa
• Missouri
• Delaware
• Louisiana
• Arkansas
• Mississippi
• Michigan
• Wisconsin
• Indiana
• Kentucky
• Tennessee
• Ohio
• West Virginia
• Pennsylvania
• Virginia
• North Carolina
• South Carolina
• Georgia
• Florida
• DC
• Connecticut
• Vermont
• Maine
• Massachusetts
• Rhode Island

Legal representation and the ability to seek a writ of habeas corpus are two of the civil liberties protected by involuntary commitment petitions for people with substance use disorders. In addition, they have the right to participate in the hearing, question witnesses, and file an appeal when this situation happens in Texas.

Specific Laws on Involuntary Rehab In Texas and Other States

Involuntary medical treatment is dealt with in a variety of ways, depending on the state. We’ll look at only a few examples here.

The specific Texas code is as follows:

According to reference materials from the National Judicial Opioid Task Force, in the state of Texas, the TX Health & Safety Code § 463.062 allows a county, district, or responsible adult to force someone to enter treatment under the following circumstances:

• with an alleged “chemical dependency” (defined as someone who abuses, has an addiction to, or has a psychological or physical dependence on alcohol or a controlled substance)

and

• who is likely to cause serious harm to themselves or others

or

• will continue to suffer mental, emotional, or physical distress, causing them to deteriorate in their ability to function independently if left untreated

and

• is unable to make a rational and informed choice as to whether to submit to treatment.

Other States with Mandated Treatment Legislation

Legislation Known as the Marchman Act Temporary detention for persons in need of emergency drug abuse diagnosis and treatment is available in Florida because of the Hal S. Marchman Alcohol and Other Drug Services Act of 1993.

As stated by Casey Matthew Legislation after her son Matthew was killed by a heroin overdose in 2002, Casey Wethington’s parents petitioned the courts in Kentucky for Casey’s Law. Because of Casey’s Law, which went into effect in 2004, concerned family members or friends can now seek legal intervention on behalf of an addicted family member or acquaintance.

As stated by Ricky, it is the law In 2018, Washington state passed the Involuntary Treatment Act, which permits the involuntary detainment of both adults and minors who are deemed to be a threat to themselves or others, to the property of others, or to their own health and safety as a result of their substance misuse.

Addiction Crisis Commitment/Involuntary Addiction Commitment According to Colorado statute, a judge can issue a civil commitment order mandating that a person enter substance abuse treatment. While an individual has exhausted all other treatment options, is medically and mentally stable, poses an immediate risk to themselves or others, and would likely benefit from therapy when sober, involuntary treatment may be the best option.

Laws of the Commonwealth of Massachusetts, Chapter 123, Section 35 With the use of this statute, a police officer, doctor, spouse, relative, guardian, or judicial authority can petition the court to order an addict to undergo treatment.

It was found in 2015 that approximately 40% of states having involuntary commitment provisions never or seldom apply the statutes to the civil commitment of adults for SUD.

How Long Does Rehab Usually Last in These Situations?

Depending on the jurisdiction, involuntary treatment commitments can last from three days to a year.

For example, in Florida, a judge can mandate 60 days of treatment. Duration in the state of Connecticut can be anywhere from 30 and 180 days. Involuntary commitment for a SUD in South Carolina cannot exceed 90 days without a hearing before a judge. In Colorado, courts can impose treatment for up to 270 days. If a judge decides that more treatment is necessary, recommitment is possible in most states.

In Texas, after someone is sent to a rehab facility against their own free will, their hold is good for 72 hours. Afterward, efficient evidence must be presented to a judge in the event the person that’s been admitted wishes to be released.

Medical records, a history of their abuse or self-harm, and other necessary items must be brought in front of the judge during these situations. The judge will make a decision based on the evidence and order a set amount of days regarding the individual’s treatment.

How Effective Is Involuntary Commitment?

It is difficult to draw broad conclusions from the little information available on the effects of involuntary commitment laws (since the specifics of each statute differ considerably). Furthermore, the application of the legislation varies between states. Some states have never employed such legislation, while others, like Florida and Massachusetts, report thousands of annual cases of court-ordered therapy.

A study conducted in 2018 looked at the effects of civil commitment on a cross-section of opioid addicts and found that the average relapse period after treatment was 72 days, while some people relapsed on the day they were discharged.

Recent research on opioid users indicated that while they support civil commitment to help treat their drug misuse and mental illness, they believe it to be more beneficial in treating their mental health than their opioid use disorder.

It’s, therefore, not shocking that many people believe treatment can only be beneficial if it’s completely optional. The National Institute on Drug Abuse, on the other hand, says that patients don’t need need to voluntarily participate in treatment for it to be successful. Drug treatment attendance, retention, and positive outcomes have all been boosted by the use of sanctions and pressure from loved ones or the legal system.

Can You Force Someone To Go To Rehab: Influencing Someone to Enter Rehab

It is preferable to assist your loved one in voluntarily pursuing treatment before considering compulsory commitment. You can look into alternatives if they aren’t prepared quite yet. Investigate potential treatment facilities that meet their needs in terms of proximity to their home or the kind of services offered (such as those related to mental health, substance abuse, and family issues).

And if they can’t afford treatment, there are ways to seek help through government programs. When in need of assistance, advice, or clarification regarding treatment choices, dialing a helpline for substance abuse is a great place to start.

You might also ask a doctor for assistance or consult with a medical professional about talking to them about their addiction. An intervention is a method of confronting a loved one about their substance usage in a planned and structured way; rehabilitation professionals sometimes offer it.

A medical professional from Resurgence Texas, such as a doctor, therapist, or nurse, can assist you to figure out the best course of action for your loved one’s care. In order to assist people to overcome their substance abuse issues, effective treatment programs often employ a multifaceted approach.

Each type of treatment comes with a corresponding aftercare program, whether it’s an inpatient program lasting 30 days or less, an outpatient program, or a drug detox that lasts only a day. Family counseling is often a part of behavioral therapies, so you can talk to your loved one about the issues you’re having.

Create a Treatment Plan for a Loved One Who Won’t Enter Rehab

If you have a loved one who won’t go to rehab, it’s important to take the right approach before exercising your right to have them committed against their wishes. It’s not an easy decision to make, but many times, it’s the right one. We can help you navigate this painful process.

Contact the admissions team at Resurgence Texas for more information. All calls are completely confidential and we will provide options that can help make the process of getting your loved one as simply and straightforward as possible. Please reach out now and let us help ease the burden for you both!