How Does Court Ordered Addiction Treatment Work?

If you have a friend or family member who abuses drugs or alcohol to the point where they may no longer be responsible for themselves, you may have the option of court ordered addiction treatment for them. This is not an option to be taken lightly and doesn’t always work the way people assume. It's good to know something about it before you consider this option.

Extent of Abuse

The extent of abuse is going to be considered before anyone goes through forced drug rehab. Someone that drinks too much or that even uses illegal narcotics is not necessarily a candidate for this program. Their abuse needs to be extensive enough so that it interferes with their ability to make their own decisions. They may be a danger to themselves or to others. Anyone that may be a candidate for forced drug rehab will go through an assessment before the court puts them into rehab, and this assessment will include the extent of their abuse. If you're close to this person, you may want to keep note of incidents that make you believe they may be a danger, such as outbursts, abuse toward children, and physical abuse toward themselves such as cutting, driving drunk or otherwise putting themselves and others in danger.

Their Participation

The Florida Marchman Act also takes into consideration their participation and ability to make rational decisions for themselves. Someone may drink too much but still be able to hold down a job, or they may know better than to drive while drunk. If they can still think rationally and function to a certain extent, this may mean they are not a candidate for court ordered addiction treatment.

No one should assume that this means their friend or family member is not a candidate for rehab under the Florida Marchman Act. It's always good to speak to an attorney that specializes in these cases so he or she can advise you in detail as to how it may apply to your case and what can be done from there.

How Does Involuntary Addiction Assessment Work?

While it would be nice to think that someone dealing with drug or alcohol addiction would seek treatment on their own, it doesn't always happen. Family members can seek forced alcohol rehab or drug addiction treatment for someone, but there are certain limitations to this provision by the law and it's good to understand how it works before it's even considered in a family.

What Addictions Are Addressed

Friends and family of addicts know that illegal narcotics and alcohol are not the only substances to which a person becomes addicted and can become a danger. A person may petition for involuntary addiction assessment for a friend or family member that abuses prescription medication including OxyContin, Xanax, Valium, Vicodin, and other such prescribed medication.

When Addictions Are Addressed

Someone who drinks too much or uses illegal narcotics may not qualify for involuntary addiction assessment simply because of these habits alone. While using narcotics is illegal, the courts do not intervene because of use alone. To qualify, they would need to have lost control over their substance abuse, not be able to make rational decisions regarding their care, have become a danger to themselves or others, and refuse to enter into treatment voluntarily.

How it Works

You would need to speak to an attorney that is knowledgeable about forced drug rehabilitation in order to seek a court order for your friend or family member. They will petition the court on your behalf, but it’s done in confidence—you’ll be able to remain anonymous if you choose. An assessment will be performed, and if the court orders it, the abuser would need to go through forced alcohol rehab or drug treatment in order to avoid sanctions from the court. Once treatment is over they would need to continue long-term treatment and tests.

Choosing forced drug rehabilitation or alcohol treatment for your friend or family member is not pleasant, but in many cases it means saving someone's life. The laws are there to protect people, as well as their families, so it's best to take advantage of them if you know someone with a serious abuse problem.