Two Paths to Court-Ordered Drug Rehab
- Oct 14, 2019
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If you or a loved one has been sentenced to court-ordered rehab, this is a great opportunity to make a permanent change in his/her life.
Call Hathaway Recovery Center today to learn more details Court Ordered Drug Rehab.
It’s not easy to commit someone involuntarily to a residential drug addiction treatment program. Court-Ordered rehab is an option, but there are requirements for his Honorable judge to be able to make such an order. Below all the information that you need to know about how to get court-ordered rehab to determine if it’s the right action for you to take.
Paths to Court-Ordered Drug Rehab
In general, a judge can order someone to attend drug or alcohol rehab based on two processes. In certain criminal cases where an addiction was a factor in the person’s actions, the judge may choose to order rehab rather than sentence the person to prison. Outside of criminal cases, families can seek an emergency order, emergency treatment for admission to drug rehab.
Orders for Rehab in Criminal Cases
Drug and alcohol addiction can impact a person’s with leading them to commit illegal actions. Many times that those actions can be result of criminal charges. When someone is dealing with extreme cravings or withdrawal symptoms, they may do whatever it takes to get their next fix(dose), that might be stealing or committing other crimes in order to get drugs.
Almost with all cases where drug and alcohol addiction is a factor in the person’s criminal actions and the crime was not violent in nature, judges typically have the option of ordering the person to attend drug rehab and not sentencing them to prison.
Emergency Orders for Drug Rehab
Families obviously don’t want to wait until their loved one in prison to take an action, if your loved one is struggling with addiction, you may be pushing for them to attend an residential drug program but those who suffers with substance abuse and addiction aren’t able to admit that they need help and not willing to seek help, even if they are they’re struggling. When this happens, individuals may want to seek an emergency court order for rehab. It’s called the
THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5556]
(Heading of Part 1 amended by Stats. 1968, Ch. 1374.) CHAPTER 2. Involuntary Treatment [5150 - 5349.5]
and it provides families with a way to commit their loved ones for treatment even if their loved one refuses to seek help voluntarily.
HOW TO SEEK INVOLUNTARY COMMITMENT UNDER THE LANTERMAN-PETRIS-SHORT ACT
File a petition, ask Judge for emergency care, court-ordered treatment program, explain your concerns, request probation while in treatment. Explain how you believe that the person is a danger to themselves or others because of addiction and that the person does not have full control of his or her own actions and needs Court Ordered Rehab as a mandatory treatment. The court and the Judge will hear your testimony. The judge will be looking for evidence and explanation and might be requesting name of facility that you reserved a bed for future court-ordered treatment. you should be able in details to explain that the person has lost self-control, your loved one in a danger to self or others, your loved one has no longer has the capacity for rational decision-making, specifically regarding whether he or she needs drug or alcohol rehab. Many Judges based on family request and all evidences during the hearing, based on the assessment, the judge may choose to order an involuntary admission to a rehab program for min 60 days.
How Long is Court-Ordered Rehab?
The court order rehab will be various from 60-180 days but that doesn’t mean your loved one will be in rehab exactly that long. The court can extend or shorten 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 beginning to work with rehab staff, individuals are abler to make rational decisions about recovery and may choose to stay in rehab as long as they need to support long-term sobriety.
Who Pays for Court-Ordered Rehab?
The court doesn’t pay for court-ordered rehab or make any type of financial arrangements for it. Individuals with insurance likely have a mental health benefit that covers chemical dependency treatment. Those benefits are required by the Affordable Care Act, so private insurance plans obtained through the healthcare marketplaces
We will work with individuals and their families to verify insurance and make arrangements for any out-of-pocket costs such as deductibles. We also provide treatment to individuals on a sliding scale, which means charges correspond to the ability to pay.
Take Action to Help Yourself or a Loved One
Whether you want to file legal paperwork or not, don’t wait to take action to help someone struggling with substance abuse problems. If you or someone you know is caught in addiction, call us at Hathaway Recovery today at (909)971-3333 to speak to professional counselors about your options.