Watching a loved one struggle with addiction is an extremely difficult and distressing process. Substance Use Disorders (SUD) can cause long-term damage to relationships that affect the entire family. It’s understandable to want to see the person you care about get help, whether it’s voluntary or not.
Involuntary commitment to rehab is usually the last resort, reserved for the most extreme cases. It should only be considered when someone presents serious harm to themselves or others that needs to be immediately addressed.
Understand the laws surrounding involuntary commitment, what to expect during the process, and how to encourage a friend or family member to seek treatment voluntarily.
Can You Force Someone into Rehab? Is It Legal?
Forcing someone into rehab is something no loved one wants to do, but it is sometimes necessary to prevent serious harm. The laws around forcing someone into rehab are complex and vary from state to state.
According to the National Alliance for Model State Drug Laws (NAMSDL), someone who can be committed for involuntary rehab must meet one of these criteria:
- They are a harm to themselves
- They are a physical threat to others
- Unable to provide themselves with basic needs
Involuntary rehab is a complex decision family and friends of addicts are sometimes forced to make and should only be done in the most severe cases.
Involuntary Commitment in the US
Each state has its own laws that allow parents to force anyone under 18 into treatment. However, things get more complicated for adults. Due to the high rates of drug-related violence and harm, many states have enacted involuntary commitment laws.
It is currently legal to force someone to go to rehab in 37 states if they are a threat to themselves or others. The criteria for these can vary from state to state.
In some states, concerned family members or friends may be able to provide a basis for committing someone to rehab against their will. Other states only allow designated personnel such as police officers, judges, or mental health workers to commit someone involuntarily.
Involuntary Commitment in California
Under California law, people struggling with substance abuse can be placed under a “5150”. This is a 72-hour hold designated by police officers, mental health professionals, or members of a “mobile crisis team.” One of three conditions must be present to be placed under a 72-hour hold. These include:
- Immediate danger to themselves
- Immediate danger to others
- Extremely disabled (unable to care for or provide for their basic needs)
During the hold, the patient will undergo intensive evaluation. After the 72-hours, one of three things must happen:
- The hospital or center will issue a release
- The patient can sign up for voluntary treatment
- The patient will be put on a “5250” (this is a 14-day involuntary hold where one will receive intensive treatment)
How Long is Rehab for These Cases?
Again, the length of rehab for involuntary commitment varies from state to state and even differs depending on the jurisdiction. According to the National Addiction Center, most states require a minimum of 72 hours and a maximum of 1 year, with the average length of stay being 90 days. Here are a few examples from varying state laws:
- Florida: Under the Marchman Act, people struggling with SUD can be committed for up to 90 days.
- Connecticut: Under the code for Involuntary Commitment, people in a substance abuse crisis can be held for 30-180 days.
- Colorado: Under the Substance Abuse Emergency Commitment Act, people with SUD can be held for up to 270 days.
- Washington: Under Ricky’s Law, people struggling in a drug or alcohol crisis can be held for up to 90 days.
Involuntary Commitment Success Rates
For treatment to be most effective, it should be voluntary. Involuntary commitment can increase relapse and overdose rates. An addict held against their own will may return quickly back to drugs or alcohol after release. This time, they will have a lower tolerance, which increases the risk of overdose.
How to Properly Get Someone to Go to Rehab
Convincing a loved one to check themselves into rehab is easier said than done. Many addicts may want to reach out for help but are caught in the cycle of addiction and unable to on their own.
Start by having an open conversation with a loved one struggling with addiction. If someone is open and willing to receive help, this increases the chances of a successful recovery. Other strategies for family and friends to convince a loved one to go to rehab include:
- Tell them how you feel using “I” statements, and explain to them how their addiction has impacted your relationship.
- Empathize with them and address their fears about enrolling in treatment. Avoid criticizing them or using judgemental language.
- Cut off contact with them until they are willing to get treatment. This sounds harsh, but let them know your intentions come from a place of love.
- Stage a formal intervention.
A Loved One Struggling with Addiction? Help Is Available in Los Angeles
If you or a loved one is seeking a way out of substance abuse, private, confidential help is just a call away. Reach out to our Admissions team at The Encino now.
At the Encino Recovery & Detox Center in Los Angeles, we don’t just treat addiction. We nurture the spirit, heal the mind, and help you and your spouse or partner to regain your life. All in a safe space. Rehab for professionals will help you understand the root of addiction and the role it plays in your relationship.
We provide medically supervised detox. After detoxing, you may enter our residential treatment center. Trained staff are equipped to offer clinical care. They will provide the support, guidance, and interventions necessary to reach treatment goals. Participating in residential care greatly enhances the success rate of avoiding relapses.
Sources
State of California. NAMI. Involuntary Treatment Information.
Washington State Hospital Association. Information about Ricky’s Law: Involuntary Detention for Substance Use Disorders.
National Alliance for Model State Drug Laws. State Laws Related to Involuntary Commitment of Individuals with Substance Use Disorder and Alcoholism.
National Library of Medicine. Increased non-fatal overdose risk associated with involuntary drug treatment in a longitudinal study with people who inject drugs.
