person in handcuffs attending court ordered drug rehabMovies and television might accept you believe that it's like shooting fish in a barrel to commit someone yous love involuntarily to an inpatient drug addiction treatment plan, merely that's not quite truthful. Court-ordered rehab is an option, but it requires going through some specific steps and coming together requirements for the judge to make such an club. We've compiled a summary of everything you need to know well-nigh how to get court-ordered rehab to make up one's mind if it's the right step for you to have.

Two Paths to Courtroom-Ordered Drug Rehab

In general, a gauge can lodge someone to attend drug or alcohol rehab via two processes. In certain criminal cases where addiction was a factor in the person'due south actions, the judge may choose to order rehab rather than sentence the person to jail time. Outside of criminal cases, families can seek an emergency order for access to drug rehab past going through an investigation process and proving their loved 1 meets the requirements for such a step.

Orders for Rehab in Criminal Cases

Drug and booze addiction can impact a person's actions and personality, fifty-fifty leading them to commit deportment they wouldn't normally consider. In some cases, that tin result in criminal charges. Someone may do something illegal when they are drunk or high that they would never do sober, for example. And if someone is dealing with extreme cravings or withdrawal symptoms, they may do anything to get their next fix, including stealing or committing other crimes to get drugs.

In cases where addiction is a factor in the person's criminal actions and the crimes themselves were not fierce in nature, judges typically have the pick of ordering the person to attend rehab rather than sentencing them to prison. This is peculiarly true in cases where the crime is a first criminal offense.

Emergency Orders for Drug Rehab

Families patently don't desire to wait until things have devolved into criminal charges. If your loved one struggles with addiction, you may be pushing for them to attend an inpatient rehab program. Many people caught in the cycle of substance abuse and addiction aren't able to see or admit that they need assist or are unwilling to seek that help, fifty-fifty if they know how much they're struggling.

When this happens, individuals may want to seek an emergency court order for rehab. Not all states have laws that support this stride, but Florida does. Information technology's called the Marchman Act, and it provides families with a way to commit their loved ones for treatment even if their loved 1 refuses to seek aid voluntarily.

How to Seek Involuntary Delivery Nether the Marchman Act

  • File a petition in good faith. That means yous truly believe the person is a danger to themselves or others because of habit and that the person does non have full control of his or her own actions.
  • The petition requests that the person in question be assessed. Information technology must exist filed with the county courtroom for the jurisdiction where the person resides, not in your own jurisdiction if those aren't the same.
  • The court will hear testimony and evidence nearly the matter. The judge volition be looking for proof that:
  • The person has lost self-control
  • He or she is a danger to cocky or others
  • He or she no longer has the capacity for rational decision-making, specifically regarding whether he or she needs drug or alcohol rehab.
  • Based on the evidence presented at the hearing, the court will decide either not to take action or to order that the person be held for upwardly to five days for an involuntary assessment.
  • Based on the cess, the judge may choose to order an involuntary admission to a rehab plan for no longer than lx days.

Options for Filing a Petition Under the Marchman Act

While you may experience like you lot have to take immediate, spontaneous activity to relieve your loved one, following the Marchman Act procedure is of import to ensure a higher likelihood of success with your petition. Here are some options you tin can take.

  • File the petition yourself if you are a spouse, guardian, or relative of an adult person. If you lot're a friend, you volition need to file the petition with three other adults who as well know the person'south habit. The clerk at the courthouse in your loved i's jurisdiction will exist able to provide the appropriate paperwork and may be able to offer some basic assistance or answer questions about completing information technology. Many county clerk's offices also make the petitions available online; for example, hither is the paperwork for Miami Dade County Court .
  • You lot tin hire a lawyer to assistance you file the petition and prepare for the court proceedings, though this can be an expensive option.
  • A comprehensive intervention advisor may help you file a Marchman Petition equally part of services if they believe no other intervention will help your loved one see that they need to seek handling. Fees for this service tin besides exist expensive, though they may be less than legal fees.

Note that a Marchman Petition does not supersede any other courtroom case. Individuals facing criminal charges are not excused from any sentence of the criminal courtroom considering a Marchman Petition has resulted in a court society for rehab.

What Happens After a Court Orders Rehab?

In Marchman Petition cases, the court volition send the individual in question to a licensed rehab facility within the aforementioned county where the petition was filed. Facilities must be licensed under the Marchman Human action to take individuals who were ordered to receive rehab through this process.

However, the courtroom does not have the ability to demand a bed be provided to an individual and send that person directly to the facility in question. Families may have to work with providers to find the right location for their loved ones.

How Long is Court-Ordered Rehab?

The courtroom cannot guild rehab for longer than 60 days, only that doesn't mean your loved one volition exist in rehab exactly that long. The courtroom can extend the order after hearing expert testimony and deciding there is a case for longer rehab.

In some cases, after going through an initial detox period and first to work with rehab staff, individuals tin make rational decisions about recovery. They may cull to stay in rehab as long as they demand to support long-term sobriety.

Other individuals may piece of work through the process in a shorter amount of time and be discharged from rehab based on the assessments of professional counselors and doctors. In these cases, the private may voluntarily pace down into outpatient rehab or aftercare solutions.

Is Involuntary Rehab Effective?

If your loved one refused to seek inpatient treatment for drug or alcohol abuse until the court mandated it, you might recollect the rehab has less of a run a risk of beingness effective. In reality, studies have shown there is little difference between the outcomes of voluntary admissions and involuntary admissions to rehab facilities.

This may be true because drugs and alcohol can alter how a person acts and thinks. Once they get into rehab and go through medically assisted detox — getting substances out of their system without suffering some of the more uncomfortable and severe side effects of doing and then — individuals may be able to await at their circumstances in a whole new low-cal. They may brainstorm to exist more willing to participate in rehab, boosting their chances at sobriety.

Who Pays for Courtroom-Ordered Rehab?

The courtroom doesn't pay for court-ordered rehab or make any financial arrangements for it. Individuals with insurance likely have a mental health benefit that covers chemical dependency treatment. The Affordable Care Act requires those benefits, so private insurance plans obtained through the healthcare marketplaces and authorities plans such as Medicare and Medicaid include relevant coverage.

Many rehab facilities will work with individuals and their families to verify insurance and make arrangements for any out-of-pocket costs such every bit deductibles. You may exist able to asking financial assistance to cover those costs or make long-term payment arrangements. Some facilities provide treatment to individuals on a sliding scale, which means charges correspond to the ability to pay.

Yous should never allow financial concerns stop you from encouraging your loved one to seek assistance for his or her addiction or filing a Marchman Act Petition if you remember that's the only way to help them. Experienced counselors and rehab admissions staff can typically provide several options for rehab that fit financial needs.

Take Action to Help Yourself or a Loved I

Whether you lot want to file legal paperwork or non, don't wait to take action to aid someone struggling with a substance abuse disorder. If you or someone yous know is caught in addiction, call Beachway today at 877-284-0353 to speak to caring, professional person counselors about your options.