Details are emerging about the shocking and saddening murder of Rob Reiner and his wife, Michele Singer Reiner, stabbed to death in their Brentwood, California home. LAPD initially took their 32 year-old son, Nick, into custody as a person of interest. He is currently under arrest without bail, and was charged with first-degree murder on Wednesday, December 17.
Rob Reiner is a famous Hollywood director, producer, actor, and writer. His hits include “This Is Spinal Tap,“ “Stand By Me,” “The Princess Bride,” “When Harry Met Sally,” and “A Few Good Men.” He was the son of comedian Carl Reiner and got his start as the character “Meathead” on the 1970’s TV sitcom, “All in the Family.”
Nick Reiner has had public struggles with drug addiction, going in and out of rehabilitation centers, and experienced homelessness. He co-wrote the movie “Being Charlie,” based on his recollections.
It is heartbreaking when a family member is in crisis with a drug or alcohol addiction. When they are a legal adult it is more challenging to get them help.
The Legal Challenge of Adult Children
When a child reaches the age of majority, typically at 18, they legally become an adult. They can now enter into contracts and make their own healthcare decisions. This legal designation makes it more difficult for a parent to help or control their child.
When a child is a minor, a parent or legal guardian may put the child in an involuntary treatment program for substance abuse or mental health disorders. Often, all that is required is diagnosis that the child has a mental illness or substance abuse disorder. However, some states may also require that there is evidence that the child is a danger to themselves or others.
It is more difficult when the child is an adult. States generally require that for an involuntary commitment, a person must have a qualifying mental or behavioral health condition and is a danger to themselves or others, or have a “grave disability” in which they cannot provide for their own needs (e.g., food, clothing, shelter). Some states consider a diagnosed substance abuse disorder a mental disorder, while others do not.
The Supreme Court held in O’Connor v. Donaldson (1975) that a non-dangerous but mentally ill person cannot be held against their will if they are able to survive on their own. In Addington v. Texas (1979), the Court ruled that the standard of proof for involuntary civil commitment should be “clear and convincing evidence,” a higher standard than the preponderance of the evidence.
Rob Reiner’s son has never been arrested for drug charges. He did openly admit that he trashed his parents’ guest house once in a drug-fueled rage but there are no reports that he was a danger to himself or others.
The Process of Involuntary Civil Commitment
The process varies by state, but generally the person must have a qualifying mental or behavioral health condition and there must be proof that there is an imminent and substantial risk of harm to themselves or to others. The other ground for civil commitment is that the person is so “gravely disabled” that they cannot provide for basic needs like clothing, food or shelter, or medical care. Proof can come from witness statements.
Petition: Normally a parent, blood relative, or guardian files a petition with the local Civil Court. A doctor or psychologist may also file a petition.
Court Review: A judge will determine if there are reasonable grounds to order a commitment. The court may order an emergency commitment or hold for a specified statutory number of days so the person may be evaluated.
Medical Evaluation: Qualified medical professionals (doctors or psychiatrists) examine the person and certify if they meet the state’s criteria for civil commitment.
Court Hearing: If additional involuntary treatment is sought, the state may require a prompt court hearing, during which the person may be represented by an attorney. The party filing the petition may testify and have other witnesses and medical professionals testify.
Judge’s Ruling: The judge will review the evidence and testimony. If the judge determines that there is clear and convincing evidence that the person is a threat to themselves or others, they may issue an order for Involuntary Civil Commitment to a treatment facility for a specified time.
How a Parent Can Help an Adult Child With Addiction
Seeing your adult child struggle with addiction is heartbreaking. You may feel powerless, but there are some things you can do.
Keep records. Document incidents with photographs, videos, or statements by witnesses to events. If police are involved, get a police report.
Develop a support network. There are family support groups like Al-Anon and Nar-Anon, which help loved ones deal with their child’s addiction. There is also the Substance Abuse and Mental Health Services Administration (SAMHSA) that has a treatment referral and information service. Their helpline is 800-622-HELP.
Get legal help. An experienced mental health or substance abuse lawyer can help you navigate the involuntary commitment process. They are familiar with the state laws and procedures.
Unfortunately, treating substance abuse disorder requires the willingness and cooperation of the person suffering from it; no one can do it for them. It is up to your adult child to choose a path to recovery. But you can get resources and support to help you and your family deal with this difficult situation.
Related Resources:
- State Legal Ages Laws (FindLaw Learn About The Law)
- Can You Legally Force Someone to Get Treatment? (FindLaw Law and Daily Life)
- Involuntary Commitment: Patient and Public Rights (FindLaw Learn About The Law)
