Details on Forcing Someone Into Rehab in Idaho and Nationwide
Involuntary commitment, also known as civil commitment, outlines the legal process that clients with severe drug abuse or mental health disorders are forced into, even during the absence of consent.
Typically, this is the final step when the client’s condition seriously threatens themselves or others around them. While the criteria and procedures differ from state to state, the primary goal is to foster the safest environment for the client and community.
Let’s get to the core question here: Can you force someone into rehab in Idaho, or elsewhere for that matter?
In this Icarus Behavioral Health Idaho resource, we delve into how to force someone into addiction treatment for drug abuse using the Involuntary Treatment Act. Our guide will also outline the framework for, and legal implications of, using this forced treatment method as a means of guiding someone you care about toward recovery.
While we focus on Idaho, there is information to help anyone nationwide with a loved one struggling.
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Understanding the Process of Involuntary Commitment Laws
Involuntary commitment laws serve as guidelines to help people struggling with a substance use disorder or mental health crisis obtain involuntary treatment when they are unable to check themselves into voluntary treatment.
When the weight of drug or alcohol addiction places you in a mental state that forces someone into rehab, naturally, a significant amount of controversy comes attached.
Ethical considerations regarding personal consent, length and potency of treatment, and other questions are raised, such as a clear set of criteria one must meet before becoming a candidate for involuntary commitment. These include, but aren’t limited to:
You’re a Clear Danger to Yourself
Thoughts of suicide, neglect of care for basic needs, or any clear signs of self-harm are all grounds for involuntary commitment. If the individual is seeking addiction treatment and continuously fails to take the next step due to any of the actions above, you can force someone into rehab for concerns regarding their overall well-being.
You’re a Danger to Others
If your drug addiction or mental illness puts the life of family members or loved ones in danger, involuntary commitment is the result a large percentage of the time. This doesn’t always mean physical danger—it includes financial risk, legal danger, or any act that might otherwise jeopardize your overall well-being.
If someone who resides with you or continuously exists as a present danger, involuntary commitment can be a viable solution to preserve your peace of mind and get them the help they need.
Inability to Meet Basic Needs
If you’ve hit the point of losing the ability to meet the requirements that provide you with a certain degree of quality of life, your family members or friends might force you to go to rehab via involuntary commitment.
These situations can create a rift between family members and friends. However, it’s important to remember that forcing you into a treatment center is ultimately in your best interest. One of the most common inquiries regarding these situations is the process required to force someone into rehab when they’re not willing to go.
The following section outlines the legalities involved in involuntary addiction treatment in Idaho.
The Legal Process for Involuntary Commitment
The legal framework for forcing someone into rehab varies between states. That said, regardless of the state, the primary goal is establishing a balance between the safety of those entering addiction treatment and protecting fundamental human rights.
However, a significant gap still exists in specific geographic locations regarding involuntary commitment laws that become apparent after examining the process required in varying regions,
Forced Commitment Varies Widely Between States
For example, in some states, involuntary commitment laws require stringent proof in court that is almost identical to the process of obtaining a warrant, with courts demanding extensive evidence proving an individual’s need for substance abuse treatment and the dangers posed by their addictions.
In other states, involuntary commitment laws may be put into action with simple approval from an expert in substance abuse or a medical professional. Other states simply require the initiation of placing an individual in temporary addiction treatment by a law enforcement officer.
Regardless of the specifics, nearly every state in the nation allows for a 24 to 72 forced hold into a mental health or substance abuse treatment facility.
Depending on the state and situation, some jurisdictions require a court to revisit the matter after the temporary holding period. In contrast, others leave the decision to the discretion of the substance abuse treatment facility. In rare cases, the individual is left to leave freely after the temporary hold, barring some appeals process from the individual’s family or loved ones.
Where does Idaho stand specifically on the matter of forced substance abuse disorder treatment?
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The Legal Framework for Idaho and Involuntary Substance Use Disorder Treatment
If someone you care for in Idaho is risking their own life or the lives of others through their drug or alcohol abuse, Icarus Behavioral Health Idaho is standing by to help them through the substance use disorder process.
However, the situation ultimately boils down to the specific legal process in the state regarding forcing someone to go to rehab.
In Idaho law, in Title 66 under Chapter 3, you’ll find the specifics regarding involuntary entry into a drug rehab or alcohol abuse treatment center. Section 66-317 clearly states:
1. Presence of a Severe Mental Illness
The individual must demonstrate the presence of a severe mental illness. There are no specifics regarding the type of mental illness, leaving room for an infinite number of possibilities that satisfy this requirement.
2. The Individual Must Be a Clear Danger to Themselves or Others
As mentioned above, and as a primary rule in most states, the individual must pose a clear danger to themselves or others. Generally, this is outlined as physical harm, but it isn’t limited solely to this type of harm.
3. Inability to Care for Themselves
In this case, a person must demonstrate clear signs of an inability to care for themselves mentally or physically. This includes simple tasks such as basic hygiene and other care.
After reading this, one might assume that Idaho law only pertains to specific cases of mental health, with no hope for forced entry into a substance abuse program.
How Does Idaho Specifically Address Substance Abuse Disorders?
While it’s true that Idaho law doesn’t specifically mention substance abuse or how involuntary commitment laws work, this doesn’t mean entry into involuntary rehab is impossible.
Those whose substance use results in the same behavior as someone who would be involuntarily committed for mental health reasons (self-harm, threats to public safety, inability to care for themselves or family members, etc.) fall under the same laws, forcing rehab commission for a designated amount of time.
Some may look at this in a negative light, outlining how difficult it can be to make someone go to rehab for alcohol treatment or substance use. However, if anything, this outlines the overlap between the need for drug or alcohol rehab and mental health disorders, even further highlighting the importance of involuntary rehab.
How Other States Approach Those Forced to Go to Rehab
Other states have more specific language regarding those made to go to rehab, directly outlining substance use treatment options as opposed to solely a mental health rehab center.
Places like Florida and Kentucky have adopted specific legislation. These laws, known as “Marchman Acts” or “Casey’s Laws,” depending on where you look, specifically deal with the act of being involuntarily committed for a person who has an addiction.
Some of these laws require the individual to enter rehab after suffering from a heroin overdose, while others solely address the negative consequences of drug and alcohol use disorder.
Now that you’re aware Idaho provides temporary detention for drug use, you’re probably curious about the timeline regarding individuals suffering enough for the state to order treatment.
Timeline of Involuntary Holds In Idaho
If an individual poses an imminent risk to themselves and others or has already inflicted harm, the state will order treatment. However, as these holds are only temporary, how does the timeline of involuntary commitment work?
24-Hour Emergency Holds
Under Idaho 66-326, law enforcement officers and medical professionals are legally able to initiate a 24-hour hold for a person struggling with drug or alcohol addiction that has devastating effects. This means an immediate intervention is allowed while further investigation takes place.
72-Hour Administrative Holds
Under Idaho 66-320, a 72-hour administrative hold allows further evaluation. The administration must make this call at the facility where the client receives treatment. If one of the lead staff members believes that further observation is required to ensure the individual is no longer a danger to themselves or others, they will extend the initial 24-hour hold.
The Reason Why Idaho and Other States Have Involuntary Commitment
The reason states have involuntary commitment is self-explanatory, but what is the purpose of the two holds in Idaho specifically? Isn’t this a waste of time, as it’s not long enough to complete the detox process?
Ultimately, these forced treatment entry programs serve two primary purposes. First, the 72-hour period gives the family time to take further action, potentially obtaining a long-term treatment order from the courts that forces an inpatient rehab stay of 30 days or more.
More importantly, it allows the client to analyze their situation more clearly. This time, albeit short, is sometimes all an individual needs to take that crucial first step toward long-term recovery.
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Icarus Behavioral Health Idaho: Helping Bring Recovery Through Intervention
Many people question whether involuntary treatment works. The bottom line is, and always will be—nobody will ever get clean until they decide. That said, forced interventions for addiction can work, especially with the help of a professional team that demonstrates compassion and a precise treatment plan that caters to the benefit of the client.
Nobody entering forced treatment ever wants to go to rehab; otherwise—they’d already be there. However, sometimes, it takes a moment of clarity combined with the inspiration of an uplifting treatment team and a clear view of your support system.
Together, we can make amazing things happen. If someone you love has an addiction and you believe they need assistance but show no signs of volunteering, contact us, and we’ll be happy to help you navigate the situation.
Remember that all calls are confidential, so please don’t hesitate to reach out for support options today.
