Like most states New York, has its own civil commitment laws that determine the criteria to have someone court ordered to treatment or, in other words, involuntarily committed to drug treatment. New York State allows both inpatient and outpatient involuntary drug treatment, which is known as New York’s assisted outpatient treatment. New York is one of the 27 states whose involuntary drug treatment standard is based on a person’s need for treatment rather than only the person’s likelihood of being dangerous to themselves or others.
For Involuntary Drug Treatment in New York-Inpatient Treatment-A person must meet the following criteria:
- Be a danger to self or others
- Have treatment in a hospital deemed essential
- And be unable to understand the need for care and treatment
For involuntary drug treatment in New York-Outpatient Treatment-A person must meet the following criteria:
- Be unlikely to survive safely in community without supervision
- Have a history of noncompliance that includes to other hospitalizations in the past 36 months
- Act/threaten/attempt violence to self or others in the past 48 months immediately preceding petition filing
- Be likely to benefit from assisted treatment
New York’s law about involuntary drug treatment is commonly known as Kendra’s Law when it comes to outpatient help.
Involuntary drug treatment in New York can be very valuable in helping to save an addict or alcoholics life. One of the biggest myths about drug and alcohol addiction is that the addict or alcoholic has to want or be ready to get help. This just isn’t true. Many times if you wait for an addict or alcoholic to hit rock bottom or want help the day may never come and in the worst case scenario, death may come first. Involuntary drug treatment in New York is a way to save a loved one without needing their cooperation at the time and not waiting for things to get bad enough to where they want help.
Involuntary drug treatment in New York is absolutely beneficial in helping to save individuals all over the state with their drug and alcohol addiction. Many addicts and alcoholics who are involuntarily in drug treatment end up thanking their family members and friends afterwards. Many addicts and alcoholics who go to involuntary drug treatment in New York also can remain sober if they really want to. The point is that the laws are there when they are needed. Without involuntary drug treatment in New York, there is a high chance many addicts and alcoholics wouldn’t get the help they need when they need it.
Involuntary drug treatment in New York is beneficial especially for those people who think they don’t need it. Often times involuntary drug treatment in New York can be the thing that changes someone’s life around for good. It can be nerve wracking to have someone involuntarily committed but if you know someone who needs drug treatment badly then don’t hesitate. Trust your instances and utilize what your state has to offer and luckily that is involuntary drug treatment in New York.
If you or someone you know is in need of drug treatment, please give us a call at 800-951-6135.
When a person is experiencing psychological issues either due to a mental health condition or an addiction or both, if it causes them to lose sight of reality, have impaired judgment or lose the ability to control their behavior; they may become a danger to themselves or other people or even property. In this instance they may be unwilling to accept drug treatment too. If this is the case it may be necessary to seek out involuntary drug treatment in New Jersey where their condition can be assessed and evaluated in a safe place.
Involuntary drug treatment in New Jersey allows someone who would be unwilling to get help or is incapable of choosing to help their selves to be committed against their will into a drug treatment facility. In the United States alone, someone dies every 19 minutes due to an overdose on medications. This is a rate that is three time the amount it was 20 years ago. Due to the addiction problem getting out of control, involuntary drug treatment in New Jersey has become more important than ever. Especially because addiction doesn’t just affect the drug abuser it also affects the family. Addiction can cause emotional distress, the development of physical ailments, lost time due to dealing with ramifications of a loved one’s addiction and financial burdens. These problems would be allowed to go on and on without involuntary drug treatment in New Jersey.
In order to get someone into involuntary drug treatment in New Jersey there are certain steps that must be taken. When trying to get someone into involuntary drug treatment in New Jersey certain state guidelines must be followed and usually these guidelines are unclear especially when describing someone who would be a good candidate for involuntary drug treatment in New Jersey. Most of the guidelines are up to a judge who handles each individual case or appeal for involuntary drug treatment in New Jersey. Examples of the guidelines for someone to be committed involuntarily to drug treatment in New Jersey are:
- Posing a serious danger to oneself others or property
- Impaired decision making
- Losing control of oneself
When someone is going to be involuntarily committed to a drug treatment in New Jersey after fitting the criteria they will have an evaluation done. One evaluation will be done by a psychiatrist and the other from a New Jersey screener. New Jersey doesn’t have an outpatient involuntary program yet so the person getting the evaluation will be admitted to an inpatient drug treatment center should the evaluation and screening see fit.
Involuntary drug treatment in New Jersey while it isn’t the easiest way to get someone help is getting someone helps nonetheless. And if someone is a danger to themselves or others it is absolutely paramount that they get involuntary drug treatment in New Jersey in order for them to stay safe. An involuntary drug treatment in New Jersey could be the deciding and defining factor in someone’s life so taking advantage of a law like this is paramount for anyone who knows someone with an addiction.
If someone you love is in need of drug treatment, please give us a call at 800-951-6135.
Casey’s Law allows for involuntary treatment, meaning that someone can have their drug addicted loved one evaluated for and admitted into drug treatment even if that person is an adult and is unwilling to get help.
Mathew Casey Wethington’s life and death is the inspiration for this law that allows parents, relatives and/or friends to intervene on the substance use disorder of a loved one, regardless of age and without criminal charges.
At the tragically young age of 23, Mathew Casey Wethington slipped into a heroin-induced coma and later died on August 19, 2002 of what is considered to be a heroin overdose. His family wanted more than anything to give him the right to live a life in recovery. Because he was over the age of 18 and unwilling to seek help voluntarily, his family’s hands were tied – they could not force him to go into treatment.
History of the Act
Casey’s Law is the broader name for The Matthew Casey Wethington Act for Substance Abuse Intervention and became a law on April 9, 2004 and went into effect in the state of Kentucky on July 13, 2004. It is now a means of intervention in Indiana and Ohio, as well.
Premise for Casey’s Law
Early drug use can basically arrest someone’s emotional development at the age of first use. Because Casey began using drugs around 14 or 15 years old, he had the emotionality and rationality of a 14 year old even as he became a young adult. The premise for allowing the intervention of loved ones on the behalf of someone who is addicted to drugs lies within this understanding: someone reacting emotionally as an adolescent (when most addicts’ drug use begins) and who is suffering from an ultimately fatal disease cannot respond in a normal, healthy way and choose to get treatment. Before Casey’s Law, parental intervention was denied by law and even discouraged, at times.
The act provides a means of intervening with someone who is unable to recognize their own need for treatment due to their impairment from drugs. This law will allow parents, relatives and/or friends to petition the court for treatment on behalf of the substance abuse-impaired person.
What is the Process for Using Casey’s Law?
In order to involuntarily commit someone to treatment, the following steps must be taken:
- Get a copy of the petition from the District Court clerk’s office or access it online.
- You, as the loved one of the drug addicted person, will fill out the petition on their behalf and file it with the District Court clerk.
- The court will review your claims made in the petition and will question you under oath.
- The court will determine if there is probable cause to require treatment for your loved one.
- If there is probable cause, a judge will appoint an attorney to represent your loved one, require your loved one to be evaluated, and schedule a hearing within 14 days.
- Your loved one will be notified of the date and purpose of the hearing.
- Your loved one is evaluated by two qualified health professionals, one being a physician, to determine if your loved one could benefit from treatment.
If the judge finds that your loved one needs addiction treatment, the court will order treatment for anywhere between 60 days and 360 days, and can range from detoxification to intensive treatment through recovery. Depending upon your request in the petition and the result of the evaluation, treatment options will vary.
How Casey’s Law is Helping
Every year from 2004 through 2008, there were fewer than 10 petitions filed in the Kentucky counties of Boone, Campbell, and Kenton. According to the Kentucky Administrative Office of the Courts, these three counties had an increase in cases of a total of 20 in 2009 and in 2010. The number of petitions shot up to 66 in 2011 and 71 in 2012. There has also been a coinciding heroin epidemic to account for the upshot in petitions filed.
For more information on how to use Casey’s Law to help your addicted loved one , please give us a call at 800-951-6135.
CALIFORNIA WELFARE AND INSTITUTIONS CODE, SECTION 5150, second paragraph, “… an application in writing stating the circumstances under which the person’s condition was called to the attention of the officer, member of the attending staff, or professional person, and stating that the officer, member of the attending staff, or professional person has probable cause to believe that the person is, as a result of mental disorder, a danger to others, or to himself or herself, or gravely disabled.”
What is a 5150 hold?
Section 5150, is a section in the California Welfare and Institutions Code which allows a qualified officer or clinician to involuntarily (against their will) confine a person who is deemed to have a mental disorder that makes him or her a danger to themselves or others. A 5150 hold is very similar to a Baker Act but in the state of California.
When section 5150 states a “qualified officer” what they mean is any California peace officer. As for the “clinician”, section 5150 means any designated county clinician. This means that either of these two can request the confinement of an individual after signing a written declaration.
Just like when someone on the east coast is Baker “acted”, someone can also be 5150’ed. In fact when 5150 is used as a term it is pronounced (fifty-one-fifty) it can informally refer to the person who is being confined or the act or declaration itself.
The details of a 5150 hold
The 5150 hold allows someone to be held up to 72 hours against their will. Once a request for a 5150 is filled out by a qualified officer or clinician there is no guarantee that the individual for whom the 5150 is being requested has to stay. The admission of a request just gets the person in the door of the facility they may or may not be staying at for at least 72 hours. After being admitted to the facility the individual will be assessed by the staff there who will decided and determine whether or not a 5150 is appropriate. This is a pre-assessment and just keeps the person there until they can see a mental health professional.
If the staff at the facility find that a 5150 is appropriate, then during the period of confinement, the confined person will be evaluated by a mental health professional also to determine if they should be admitted into a psychiatric unit. If it is found that the individual should be admitted then only the mental health professional (psychiatrist) can remove the 5150 hold. If the 5150 hold didn’t get removed than after the 72 hours are up the psychiatrist will assess the person again and might offer a choice to be voluntarily admitted. If they refuse then another hold for up to two weeks must be requested. At this point the individual will step in front of a judge or hearing officer to see if probably cause exists to support the now 5250.
A 5150 is not supposed to be used to hold a person who has been reported by anyone other than a qualified officer or clinician. But the 5150 does allow a police officer to detain a subject when the officer has observed some of the symptoms that would qualify them to request a 5150.
A 5150 can also be used to hold a person who is severely inebriated in the “drunk” tank. The person can be released when they are sober.
If your loved one is in need of addiction treatment, please give us a call at 800-951-6135.
Getting your child into rehab is hard enough. To deal with them getting kicked out of rehab after you finally get them in can be devastating and especially frustrating, as well as scary. You may want to save them because you are afraid they are going to die, or you may want to just give up on them. Neither of these things are what you want to do when your child gets kicked out of rehab. If your child gets kicked out of rehab stay calm and realize there are some things you can do to keep them on the right track.
Here is what to do when your child gets kicked out of rehab:
DO NOT under any circumstances give them the option to come home: Your child got kicked out of rehab because their disease has such a strong hold on them that they couldn’t even cooperate for the 30, 60,90 days of treatment. Don’t worry though it isn’t because your child is a bad child, your child is an addict, and it is the disease that causes this. Not saying that your child is off the hook because they can control their actions or learn to, but whatever they did is common in addicts who are in rehab. So instead of letting your child come home and just fall back into a routine and continue using again if they kicked out of rehab, give them the option of attending a different rehab or staying on the streets. As hard as this is you don’t want to be the one who said it was ok for this happen by allowing them to essentially get what they most likely wanted: to come home.
Have them involuntarily committed with the Marchman or Baker Act: If you think your child gets kicked out of rehab and is a danger to themselves or others, then start moving through the process of having them involuntarily committed with the laws that are in place in your state to help you keep your child safe from themselves. Many times when an addict such as your child relapses things can get really ugly pretty quick, so don’t be afraid to force your child to go to rehab with the Marchman or Baker Act.
Let them suffer the consequences: In some cases it may be best to detach from your child, as hard as this is. Let them suffer the consequences of their own actions. Some addicts won’t learn anything at all until they have to suffer the consequences of their own decisions. If every time before now you have come to the rescue, don’t. This is going to be scary and extremely difficult but it could be the difference maker in your child asking for real help the next time. Don’t worry about your child ending up using, because whether or not they are at your house or on the streets after they get kicked out of rehab, it most likely is going to happen. Just don’t be there to soften the blow and make it so there are NO consequences of getting kicked out of rehab, especially if you aren’t going to involuntarily commit them, and they won’t go to another rehab.
Each individual circumstance of a child getting kicked out of rehab is unique. Do what you feel is right just make sure you are doing what is right for your well-being as well as your child’s well-being (IN THE LONG RUN). Bringing your child home or saving them after they get kicked out of rehab may seem like the solution right now in this moment but in the long run you are going to end up either having to send them to rehab again anyways, kicking them out onto the streets from your own home or having them involuntarily committed. Realize that addiction is a disease and sometimes it can take many attempts for an addict to finally get sober. Don’t give up hope!
If you or someone you love has been kicked out of rehab, give us a call at 800-951-6135.