Watching a loved one struggle with drug or alcohol addiction can be heartbreaking. As their addiction spirals out of control, concerned friends and family often feel helpless and desperate to get the individual into treatment. But can you actually force someone to go to rehab against their will?
The short answer is that yes, it is possible to force someone into addiction treatment through a process known as involuntary commitment or mandatory rehabilitation. However, taking such an extreme step is only allowed under specific circumstances when strict criteria are met. It should be seen as an absolute last resort when all other attempts to help the individual have failed and their addiction has reached a crisis point.
Criteria for Involuntary Commitment in Tennessee
Each state has its own laws governing involuntary commitment for substance abuse and mental health disorders. According to the Tennessee Department of Mental Health and Substance Abuse Services, the criteria for Mandatory Outpatient Treatment (MOT) under T.C.A. § 33-6-602 include:
- The individual must be suffering from a mental illness or serious emotional disturbance.
- The individual must pose an immediate substantial likelihood of serious harm due to the mental illness.
- All available less drastic alternatives to MOT, including treatment settings and less restrictive treatment programs, have been investigated and found unsuitable for the individual’s needs.
- The individual’s condition is expected to deteriorate if they do not receive the MOT.
- MOT is essential to prevent a relapse or deterioration that would predictably result in the individual posing an immediate substantial likelihood of serious harm.
- The individual is unable or unwilling to consent to voluntary treatment.
The Legal Process for Involuntary Commitment
If these criteria are met, concerned parties can petition the court to review the case and potentially order the individual into a treatment program. A certificate of need must be filed by a doctor, psychologist, or law enforcement officer detailing the individual’s condition and risk of harm. The individual is entitled to an emergency hearing before a judge within 24-48 hours.
At the hearing, the judge will review the evidence and potentially issue a court order mandating a psychiatric evaluation and/or up to 5 days of emergency hospitalization for addiction treatment. If the examining professionals recommend continued treatment, the judge can order ongoing mandatory rehabilitation for up to 30-60 days, with periodic reviews to assess the individual’s condition and progress.
Drawbacks of Involuntary Commitment
While involuntary commitment can disrupt the downward spiral of addiction, it has significant drawbacks. Research suggests that forced rehab is typically less effective than voluntary treatment, as individuals are more resistant and less motivated to change.
The legal process involved in involuntary commitment is also complex, expensive, time-consuming and traumatic for all involved. There are significant costs associated with court proceedings, legal representation, and the inpatient treatment itself, which can be a barrier for many families. The experience can damage relationships and make the individual even more resistant to seeking help in the future. There are also capacity constraints to consider, as many state-funded facilities have limited available beds for court-ordered patients.
Alternative Approaches to Encouraging Addiction Treatment
In most cases, a more effective approach than involuntary commitment is to lovingly encourage the individual to enter treatment voluntarily. Consider holding a family meeting or intervention to express your concerns, offer your support, and present treatment options. Involve an experienced interventionist who can guide the conversation and help the individual overcome their objections and fears about getting help.
You can also set firm boundaries and stop enabling addictive behaviors. For example, you might refuse to give the individual money that could be used for drugs, or stop covering for them if they miss work or school due to substance use. Don’t shield them from the natural consequences of their actions. Sometimes people need to hit rock bottom before they become willing to seek treatment, as long as they seek it out.
Most importantly, remember that you can’t control another person’s choices. No matter how much you love someone, you may not be able to force them to change before they are ready. The only person you can control is yourself. Seek counseling and peer support through groups like Al-Anon or Nar-Anon to help you cope with your loved one’s addiction.
How JourneyPure At The River Can Help
If you are considering involuntary commitment for a loved one or need help navigating the treatment process, JourneyPure At The River is here for you. Our compassionate addiction specialists can help you evaluate your options, stage a successful intervention, and get your loved one on the path to recovery. Call us today at 615-410-9260 for a free and confidential consultation.
While forced rehab is sometimes necessary in crisis situations, we believe the most effective treatment involves a voluntary choice to embrace life-changing transformation. However you get there, we’ll be by your side every step of the way.
