When a loved one is stuck in the grip of addiction yet refuses your offers for help, you can feel overwhelmed by a sense of helplessness. You desperately want to help them rise above their circumstances and access the aid that’s available to them, yet they often refuse your offers or outright ignore your pleas.
This was a devastating experience for Charlotte Wethington, whose son Matthew “Casey” Wethington tragically lost his life to an overdose at the age of 23. Casey’s death in 2002 could have become just another statistic in the growing data set of addiction.
Yet, Charlotte and her family didn’t allow their loss to keep them from action. Instead, they channeled their pain into purpose – advocating for legislation that would create legal pathways for loved ones who can’t recognize their need for treatment due to substance abuse.
What is Casey’s Law?
Casey’s Law – officially known as the Matthew Casey Wethington Act for Substance Abuse Intervention – is legislation that allows for family members, relatives, or friends to petition for involuntary treatment of individuals suffering from alcohol or drug abuse.
The law was first enacted in Kentucky in 2004 and later adopted by Ohio in 2012, and provides a new way for loved ones to act in moments of need before a tragedy can occur.
Rather than waiting for “rock bottom” – which, for many caught in substance abuse, can mean death – Casey’s Law acknowledges that addiction can often impair judgment and allows for intervention when certain criteria are met.
How Does Casey’s Law Work?
While specific procedures may vary depending on the state, the framework for how Casey’s Law works is relatively consistent – and begins with petitioning the court.
What Is The Criteria for Petitioning?
For a court to order an involuntary treatment under Casey’s Law, three key criteria must be present and met in the specific situation:
- The respondent (the individual with the addiction) must be suffering from alcohol or drug abuse.
- They must present a clear, imminent threat of danger to themselves, their family, or others as a result of their substance abuse, or there must exist a substantial likelihood that the threat could occur in the near future.
- The individual must be able to reasonably benefit from the ordered involuntary treatment.
As you can imagine, determining these three criteria can be difficult – particularly when family or friends fear for the well-being of those suffering from addiction. This is why having a partner in the addiction treatment process who can help you identify the signs of danger is crucial.
What Is The Petition Process?
- The Petition is Filed
A spouse, relative, friend, or guardian may file a petition with the appropriate court – and the petition must include detailed information regarding the respondent’s condition and any dangers that may exist due to the substance abuse.
- Court Review & Determination of Probable Cause
Once the petition is filed, the court will review the details as well as the petitioner to determine whether or not there is probable cause for ordering the treatment under Casey’s Law.
- Evaluations By Health Professionals
Once probable cause is established, the court will then order the respondent to be evaluated by approved healthcare professionals.
- Court Hearing
Within 14 days of the initial petition, a hearing will be held where the court will review the evaluations and determine whether or not involuntary treatment is warranted in the case.
- Treatment is Ordered
Once determined necessary, the court will then order treatment ranging from 60 to 360 days – depending on the recommendation of the health professionals in the evaluation.
It’s important to know that the hearings under Casey’s Law are civil – not criminal. This can be helpful when working with a loved one who may be suffering from substance abuse, as they may fear that moving forward in the process could put them at risk of legal punishment.
However, if treatment is ordered and the respondent doesn’t comply, they could be ruled in contempt of court.
How Effective Is Involuntary Treatment?
A common misconception about addiction is that only those willing to seek treatment see success. However, Casey’s Law – and the experience of those who have been ordered to seek treatment as a result of the petition – show that there are many benefits.
The National Institute on Drug Abuse (NIDA) has found that involuntary treatment can be just as effective as voluntary – and that legal pressure can often be a catalyst for boosting treatment entry and retention overall.
There are other key factors why Casey’s Law can help individuals get help before it’s too late:
It Breaks Through Denial
Addiction can often impair judgment and create a powerful denial mechanism in even the strongest individuals. When individuals are unable to recognize the severity and risk of their substance abuse, they may need involuntary treatment to help them connect with help.
It Creates Structure and Space for Clarity
Court-ordered treatments provide a structured environment that can help individuals get help – particularly when they may not be able to connect the dots themselves. This structure allows them to leave their addictions behind while their minds and bodies heal – and gives space for clarity, which can lead to increased treatment success.
Early Intervention Matters
The sooner individuals can find help, the better. Even involuntary treatment orders can step into the gap before tragedy strikes – avoiding the myth that healing only happens after hitting “rock bottom.”
How Is Treatment Under Casey’s Law Paid For?
A major obstacle to substance abuse treatment is the fear of cost. But it’s important to know that while the petitioner will often be responsible for associated costs, there is financial help available to offset the expenses.
- Many insurance plans provide coverage for substance abuse treatment – and our team at United Recovery Project can help you and your family learn how to maximize those benefits to your advantage.
- Many communities also offer free or sliding-scale treatment facilities, which can help offset the costs.
- Treatment facilities also seek to help ease the cost burden by allowing for payment plans, spreading out the cost of treatment over time.
Where Does Casey’s Law Apply?
Currently, Casey’s Law has been fully enacted in only two states: Kentucky and Ohio. Legislation is currently pending in Georgia as well as West Virginia to bring access to petition-based involuntary treatment orders in those regions.
Florida’s Marchman Act offers similar help to Casey’s Law in that state, and many other states have similar provisions to help intervene in serious substance abuse situations.
If you live in a state that doesn’t currently have Casey’s Law or similar legislation, options may still be available. Many states have general involuntary commitment statutes that can be applied in cases where substance abuse poses an immediate danger.
If your state does have Casey’s Law or a similar provision, the court order doesn’t restrict where your loved one can receive treatment. This means that even if you live in Kentucky or Ohio, you can choose a treatment facility in another state if that best serves your loved one’s needs.
How United Recovery Project Can Help
We know the complex challenges that face families who are considering using Casey’s law to help a loved one struggling with addiction.
If you are facing difficult circumstances, know that you are not alone. Our team is here to help you better understand how Casey’s Law may apply to your situation, as well as connect you with many other resources to help.
Contact our team today to speak with a compassionate partner who can:
- Provide guidance on the Casey’s Law process in your state
- Help you understand the treatment options available
- Verify your insurance coverage
- Answer any questions you may have about our programs
Remember, addiction is a progressive, life-threatening disease. Early intervention can make all the difference in your loved one’s chances for recovery. While initiating the Casey’s Law process may feel difficult, it could be the most important step you ever take to save someone you love.
Research:
- https://caseyslaw.org/caseys-law/
- https://www.transitionsky.org/news/understanding-caseys-law
- https://robertalexandercenter.com/caseys-law-transforming-the-landscape-of-substance-abuse-treatment-in-kentucky/
- https://www.redeemedandrestoredinc.org/casey-s-law
- https://kentuckymentalhealth.com/caseys-law/
- https://www.myflfamilies.com/crisis-services/marchman-act
- https://www.kentoncoatty.com/service/caseys-law-petitions
- https://ohiorecoverycenters.com/caseys-law/
- https://odcp.ky.gov/Resources/Pages/Caseys-Law.aspx
