Addiction is a devastating disease. In the throes of addiction, it can be challenging to stop using – even if you or your loved one desperately wants to. It can be even more difficult for loved ones to try to convince an addict to seek out professional help.
Even as one’s life unravels before their eyes, a mix of emotions is involved, including shame, denial, and fear. If this is someone you care about, you might feel helpless watching them succumb to the disease.
However, in an effort to mitigate the harm that your loved one is causing themselves or others, you might wonder if forcing someone against their will into rehab is an option. So, can you force someone into rehab? Is it the right thing to do? Below, we take a closer look, helping you determine your options and what you should consider.
Legal Aspects
For those under the age of 18, parents can, in many states, force their children to attend drug or alcohol rehab. This is known as involuntary commitment. But what about those over the age of 18?
Surprisingly, many states also have involuntary commitment laws for adults. When compared to parents forcing a child into rehab versus another adult forcing another adult into rehab, there are different processes.
For instance, Florida has the Baker Act, which permits involuntary commitment for mental health examination and stabilization, including for substance abuse, if specific criteria are met. The Marchman Act, also in Florida, enables family members to petition the court for mandatory assessment and treatment of a loved one’s substance abuse.
Similarly, California has the Lanterman-Petris-Short Act, which sets criteria for involuntary 72-hour and extended 14-day holds for individuals. However, the circumstances under which this act works are very limited, with mental illness not being the sole grounds under which a person can be committed.
Overall, the criteria for involuntary commitment to rehab are typically quite stringent across both various states and countries. In many cases, it must be demonstrated that the person has a severe substance use disorder that is causing danger to their own life or others. Additionally, the individual is usually entitled to a court hearing, legal representation, and the ability to contest the confinement.
Some private rehab centers may further offer “non-consensual” treatment when the cooperation of the family is obtained. However, many question the legalities involved in these types of involuntary commitment situations. When it comes down to it, it’s essential to check the laws in your specific state or country and abide by them accordingly.
Ethical Considerations
On one hand, it’s undeniable that the disease of addiction impairs an individual’s decision-making skills. The compulsive need to use overrides any self-control or willpower of the individual battling addiction. Inevitably, this begs the argument that since the person’s judgment is compromised, it’s ethical for family members or loved ones to intervene and make decisions for them that would support future good health and longevity.
On the other side of the equation is the person’s autonomy. While they may be making self-destructive decisions, it’s their right to make such decisions—especially if they are not under any guardianship or conservatorship. This means that placing them in rehab against their will goes against the person’s civil freedom.
There are also practical considerations, such as that by forcing an individual into rehab, they may be less committed or less motivated to get sober. It could also damage relationships. All in all, this means it’s very much situation-dependent as to whether this is the right move. In many cases, loved ones may force another into rehab due to life-threatening situations, such as severe and uncontrollable addiction.
Practical Considerations
In many cases, rehab needs to be voluntary to be effective. However, if there’s a dire situation where someone’s or multiple peoples’ lives are at risk and you believe forcing your loved one into rehab is necessary, here are some practical steps you should consider:
- Research the relevant laws in your state or country first, seeking legal guidance if needed.
- Document your loved one’s substance abuse and, specifically, the threats to their overall well-being and health. Keeping a record of police reports, hospital stays, and more is a good idea here.
- Do your due diligence when looking up rehab facilities. Ensure you select a facility that is ethical, caring, and compassionate with a therapeutic environment.
- Consider other steps before forcing your loved one into rehab, such as psychiatric evaluation or family interventions. Consulting a family mediator or a professional who understands substance abuse and addiction can also offer pertinent information and resources here.
Some tips and other things to keep in mind here include:
- Recognizing that while committing your loved one to rehab can be a great first step, the effectiveness and individual’s commitment to sobriety will be entirely up to them.
- Continually expressing love and concern for your loved one is essential. Make it clear this isn’t a punishment but a desperate act to help them.
- Steering clear of judgment and anger and avoiding threats and ultimatums is also a good idea. This can help prevent escalation of your relationship or the situation.
- Offering your loved one encouragement and compassion every step of the way can empower them to take control of their addiction and take that first step toward recovery.
- Convincing a loved one to seek out rehab is always better and more effective than forcing them. This allows them to choose for themselves. Yet, at the end of the day, as said above, there are cases where forcing an individual into rehab is necessary to save their life.
Success Rates and Challenges
The unfortunate side of forced rehab is that the research shows it’s much less effective than voluntary rehab. Forced drug detoxification in one study had a relapse rate of 98% within the first year, with 22% relapsing within three days and 52% relapsing within one month.
When an addict is committed to their recovery, such as when they voluntarily commit themselves, it’s been shown that 68% of people will be successful and committed to their recovery. In other words, it’s entirely possible for an individual to overcome substance abuse and lead a healthy and long life; it just takes one choice. This is where it all begins.
Conclusion
When considering the option of forcing someone into addiction treatment against their will, it’s important to have realistic expectations about potential outcomes. It’s worth noting that success isn’t guaranteed even if a person completes a mandatory program. Following local laws and regulations regarding involuntary commitment is also important.
If you or someone you love is battling substance abuse, encourage them to seek out the help they need. Empower them to make the right choice; this can lead to sustainable and healthy changes that pave their road toward recovery and lasting sobriety.
References:
- https://www.ncbi.nlm.nih.gov/books/NBK557377/#:~:text=Defined%20by%20the%20United%20States,against%20his%20or%20her%20wishes.
- https://www.myflfamilies.com/crisis-services/baker-act#:~:text=What%20is%20the%20Baker%20Act,individuals%20experiencing%20a%20medical%20emergency.
- https://www.jud11.flcourts.org/Marchman-Act#:~:text=The%20Marchman%20Act%20provides%20the,a%20voluntary%20or%20involuntary%20basis.
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4752879/
