Involuntary Rehab In California

Can You Put Someone Into Rehab For Substance Abuse In California?

There are certain circumstances where involuntary substance abuse treatment can be sought in California. However, a step-by-step process must be followed, and the individual must meet specific criteria.

If your loved one is under 18, their parents or guardian can arrange treatment without their consent. However, if your loved one is over 18, there are different steps to take. You must be able to prove they are gravely disabled and unable to take care of themselves or meet their basic needs.

Several involuntary rehab laws in California have been established, including a 72-hour hold, court-ordered rehab mandates, and conservatorships. It is crucial to understand each and how they relate to one another.

California’s Welfare And Institutions Code (WIC) 5150

The California WIC 5150 code references the law that allows someone to be detained and treated for up to 72 hours. The only people who can detain someone under a 5150 hold are:

• Law enforcement officers
• Designated staff members of a local treatment facility
• Designated mobile crisis unit staff
• Designated professional by the county government

The 72-hour hold begins as soon as a person is detained. During this period, a comprehensive assessment will be conducted to determine the necessary treatment.

How Do I File A Petition For Involuntary Addiction Treatment In California?

In California, you can file a CARE petition to start the process of having your loved one admitted to treatment. A licensed psychiatrist, psychologist, or treatment professional must be involved. The steps include:

• Find the address of the court where you will file. The court will be in the county in which your loved one lives.
• Fill out the Petition to Begin Care Act forms.
• Complete the Mental Health Declaration form or provide evidence that your loved one has spent at least two periods in intensive treatment for at least 14 days, with the latest being in the last 60 days.
• Complete the Family Input form, allowed by Assembly Bill 1424, which requires courts and other professionals to consider the information you provide when making decisions about your loved one’s care.
• File the forms in person, by mail, or e-file on the court’s website.

You can also ask a licensed behavioral health professional to start the CARE Act process. They can file on your behalf using CARE from 102.

What Is California’s Laura’s Law?

Laura’s Law, also known as the Assisted Outpatient Treatment (AOT) Demonstration Project Act of 2002, was established to allow the courts to order people into treatment. The criteria are set for the following:

• Those with a history of repeated incarceration
• Those with a history of hospitalization
• Those with a history of violent behavior toward self or others
• Those unable to participate in community treatment programs without supervision
• Those who, if they relapse, would face grave disability or deterioration

Although it can reduce homelessness, hospitalization, and encounters with law enforcement, not all California counties participate in Laura’s Law. Before pursuing involuntary rehab using Laura’s Law, check with your county’s regulations.

What Is The Lanterman-Petris-Short Act?

The Lanterman-Petris Short (LPS) Act governs civil commitment for addiction, treatment, and conservatorship in California. It states a person must either be a danger to themselves or others, or they must have a grave disability that prevents them from seeking help on their own. Grave disability must be defined using the following elements:

• Severe mental health diagnosis
• Severe substance use disorder diagnosis
• Dual diagnosis
• Inability to provide food, clothing, or shelter
• Inability to provide personal safety
• Inability to provide medical care
• Causation is required between mental health and substance use disorder, and the inability to provide for basic needs

A referral from a psychiatrist or psychologist is required under California rehab laws for involuntary treatment. They must confirm your loved one has a grave disability.

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Rights And Protections

Although someone can be admitted to treatment under an involuntary hold or conservatorship, they retain constitutional rights and protections. If your loved one is involuntarily admitted, they maintain the following rights, such as the following:

• To keep their personal possessions, including toiletries and clothing
• To spend a reasonable amount of their money
• Access to storage space for their belongings
• Reasonable access to telephones
• Seeing visitors each day
• To have access to writing materials, such as stationery

Your loved one will also have the right to an attorney to help them in court and access to a patient’s rights advocate if needed. Furthermore, they can refuse medication unless the court deems them incapacitated.

What If Someone Refuses To Go To Rehab In California?

If someone is over 18, is not a danger to themselves or others, and is not gravely disabled, there is nothing you can legally do to force them into getting treatment for their substance use disorder. However, there are steps you can take as a family to encourage your loved one to seek help through staging an intervention.

Interventions occur between you, your loved one, and a professional, such as a doctor, mental health provider, or licensed interventionist. A provider may be able to help your loved one with harm-reduction techniques, enhance motivation and change, and help them find reasons to enter treatment.

Working with a physician or psychiatrist can mean helping your loved one start medication to aid with withdrawal symptoms so they can begin the recovery process. Treatment doesn’t always have to mean entering an inpatient facility for detox or rehab. As long as your loved one is not a danger to themselves or others, or has a grave disability, they can benefit from numerous other types of treatments.

How To Choose A Treatment Center For Involuntary Treatment

When having your loved one involuntarily admitted to treatment through a court process, the courts will determine which facility they enter. On other occasions, such as crisis situations, law enforcement, mental health professionals, emergency room doctors, and county mental health administrators will make the decision.

You can check with your county’s administrators to learn more about the referral process and which treatment facilities they use for involuntary referrals.

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Get Started With Involuntary Treatment In California

Involuntary rehab in California is an option for loved ones of those with severe substance use disorders. However, you can’t have them admitted yourself.

If your loved ones meet the criteria, you can start by contacting a local psychiatrist or psychologist to confirm whether they need treatment. You can also explore the treatment facilities near you by visiting our rehab directory or contacting a treatment provider to learn more.

Don’t hesitate to reach out for help. Contact someone today to determine if involuntary rehab is right for your loved one.