Life is full of challenges, both welcome and unwelcome. One of the most difficult may well be trying to help a friend, loved one, or family member who clearly needs some sort of assistance but may not be willing to admit they have issues to be addressed. If it's in their best interests, do you have the legal right to bypass their lack of consent and place them in a mental health treatment program or a drug rehabilitation center?
As you might imagine, the answer is complicated. Extremely complicated. Each situation is different and will depend on the person's age, where they live, and the type of issue involved. If a crime is involved, the courts may take the choice out of your hands through involuntary commitment or drug court for substance abuse addiction treatment.
Mental health issues and addiction problems can destroy lives and tear families apart. Wanting to help a friend's well-being by getting them into detox or a behavioral health facility is natural, but knowing where good intentions end and legally overreaching begins can save additional heartaches and headaches.
Factors Affecting Involuntary Treatment
In a perfect world, you'd confront your friend or loved one about their excessive drinking or drug use. After thanking you for your concern, they'd enroll in a treatment program to get the help they need. As that is almost never the case, knowing the parameters in the real world allows you to make a difference without getting in trouble yourself.
As ruled in O'Connor v. Donaldson, the government can't constitutionally confine someone deemed a non-dangerous individual who is capable of surviving safely in freedom by himself or with the help of willing and responsible family members or friends. A person who is not a threat to themselves or others and can survive alone or with available help can't be held in a facility or treatment center as an inpatient.
Age
The age of the person in question is one of the most pertinent deciding factors on whether an involuntary commitment is legal. In many states, parents and guardians ad litem of a child under 18 years old have the power to place them into an involuntary treatment program. This applies to both substance use disorders (SUDs) and mental health issues.
Advanced age can also present the need to consider involuntary treatment. Those unable to make decisions due to cognitive decline or mental illness may have their conservator view commitment as a necessity. Those under the conservatorship can try to reclaim control of their life in court, with music star Britney Spears serving as a prime example.
Location
As is the case with so many legal issues, the laws on involuntary treatment vary by where you are. All fifty states, the District of Columbia, and U.S. territories have statutes in place for involuntary treatment. While the majority consider a primary SUD diagnosis as enough to permit involuntary treatment, a significant number of others require a co-occurring mental illness for approval.
Threat Level
Each state has a step-by-step process in place to consider allowing involuntary treatment. While similar in design, they'll differ between jurisdictions. In general, they apply the following to each situation to determine if involuntary treatment is a viable option:
- Is the person a threat to themselves or others?
- Has their addiction become a disability that limits them physically or mentally?
- Have they lost the ability to make decisions?
- Is the person unable to tend to their personal affairs or basic needs?
- Is the person suffering from a total loss of control?
The safety of both the public and the individual in question is the foremost concern under state law. Affirmative answers to at least one of the above conditions can provide the justification for involuntary enrollment in an appropriate treatment program. If you're unsure about the legality of attempting to do so, consider speaking with a mental health attorney.
When the Legal System Gets Involved
If a person breaks a law and it's determined that a mental health issue or a SUD was at least partially involved, the court may remove you from the decision process. Whenever possible, the courts will strive for rehabilitation instead of punitive measures. This can include involuntary rehab at a substance abuse treatment facility or mental health services as part of a treatment plan.
For youthful or first-time SUD offenses, the defendant may be referred to drug court instead if the state uses them. Court-ordered involuntary treatment may be part of the sentence, along with community service and supervised release.
A court hearing may lead to an assisted outpatient treatment (AOT) if available, which attempts to make the treatment process voluntary for those struggling with SUDs and resistant to involuntary treatment. This civil commitment requires the treatment providers to keep the patient engaged.
Being the Rock They Need
Helping someone not in full control of their facilities due to mental health issues or SUDs is no easy task. Before turning to involuntary treatment, consider "help-us-help-you" options like an intervention or a no-commitment initial session with a professional in mental health care.
If no other option seems feasible, take the time to examine the healthcare laws of your state so you're aware of the legal boundaries you must operate within when contemplating involuntary commitment laws.
If you're suffering from drug abuse issues, alcohol use problems, or are looking for a support group, consider reaching out to the Substance Abuse and Mental Health Services Administration's (SAMHSA) website. The toll-free phone number is 800-662-HELP (4347).
Related Resources
- Involuntary Commitment - Patient and Public Rights (FindLaw's Patient Rights Law)
- Free Britney! A Look at Britney Spears' Conservatorship, Part 2 (FindLaw's Don't Judge Me!)
- What Is a Conservatorship? (FindLaw's Law and Daily Life)
