Addiction is complex and challenging, and it affects not just the person with the substance use issue but also the people who love them. If you’re watching a family member or friend battle addiction, it can be heartbreaking, especially when they refuse desperately needed help.
Families tend to feel powerless while witnessing their loved one’s life unravel, experiencing the emotional, financial and physical toll addiction can bring. The frustration can be overwhelming, leading many to wonder if there’s any way to intervene when someone won’t voluntarily go to rehab.
In New Jersey, this question can become legally important: Can you force someone to go to rehab if they refuse? Some states, including New Jersey, have involuntary commitment laws.
Understanding the laws surrounding involuntary commitment for addiction treatment is crucial for families who feel they’ve exhausted every other option. We’ll explore whether it’s possible to compel someone into rehab in New Jersey and, if so, what steps need to be taken for this course of action.
Understanding Involuntary Commitment Laws in New Jersey
Involuntary commitment is the legal process through which a person can be ordered into treatment for substance abuse or mental health issues, even if they don’t willingly agree to seek help.
The primary goal of involuntary commitment in addiction treatment is protecting those deemed unable to make decisions for their own well-being because of the severity of their substance use disorder. It’s intended to provide a route for urgent intervention, especially when addiction is putting the person’s life or the lives of others at risk.
In New Jersey, legal measures exist that allow concerned family members or healthcare professionals to petition the court to have someone involuntarily committed for addiction treatment or mental health treatment.
The laws are meant to balance individual rights with the need for treatment, to ensure people who pose a danger to themselves or others because of their substance abuse can get the help they need.
However, the process involves strict criteria and legal protocols, so families must understand the requirements and steps involved before pursuing this option.
New Jersey Commitment Laws for Addiction Treatment
In New Jersey, involuntary commitment to substance abuse treatment is governed by specific laws.
One key piece of legislation related to this is the New Jersey Substance Abuse Treatment Act, allowing family members or healthcare professionals to petition the court for involuntary commitment.
To force someone into rehab under New Jersey law, several conditions and criteria must be met:
- Clear evidence of danger: The individual must pose a clear and imminent threat to themselves or others because of their substance use. This could include behaviors that indicate a serious risk of harm, like threats of suicide, engaging in reckless or life-threatening activities, or harming others while being under the influence of alcohol or drugs.
- Inability to make safe decisions: The individual must be unable to make informed health and safety decisions for themselves because of the severity of their addiction. This usually involves an evaluation by healthcare professionals who can testify to the impaired judgment of the person.
- Proof of addiction: There has to be clear evidence an individual is suffering from a substance use disorder, which includes a medical or psychological assessment showing drug or alcohol use is beyond the control of the person. It has to be shown that addiction is causing serious harm in their life.
Once these conditions are met, the family can file a petition in the court system. A judge reviews the evidence, and if the court finds that the criteria for involuntary commitment are satisfied, the individual may be ordered into a treatment program.
This process is meant to be a last resort, only used when all other efforts to encourage voluntary treatment have failed.
Emergency Situations and Temporary Commitments
In certain emergencies, a person struggling with addiction may pose an immediate danger to themselves or others. This can occur when substance use leads to reckless behavior, suicidal thoughts or aggressive actions.
In these cases, immediate intervention can be necessary to prevent harm and stabilize the person. New Jersey law does allow for emergency commitments and temporary holds to address these situations.
During an emergency commitment, a person can be taken into custody for evaluation without a prior court order. The goal of a temporary hold is to assess the person’s condition and stabilize them before further harm occurs.
During a temporary hold, the person is usually taken to a hospital or mental health facility for evaluation, and the initial period can last up to 72 hours.
If the evaluation during the temporary hold reveals the individual remains a significant risk, the temporary commitment can be extended. In that case, medical professionals may petition the court for a more extended involuntary commitment.
Can Involuntary Treatment and Rehab Be Effective?
The effectiveness of involuntary rehab is a topic of debate. While the idea of forcing someone into treatment could seem counterproductive, there’s evidence that even involuntary rehab can lead to positive outcomes. The key lies in the quality of the treatment program and the individual’s eventual willingness to engage with the process.
According to the National Institute on Drug Abuse (NIDA), the motivation to seek treatment, whether voluntary or coerced, can shift over time as a person starts experiencing the benefits of sobriety and counseling. In many cases, even those who initially resist treatment may eventually commit to their recovery.
Research also indicates people forced into rehab often show outcomes similar to those who voluntarily seek help.
The initial push to get someone into treatment may be through legal means, but then the focus should be on developing internal motivation during the rehab process.
How To Get Help In New Jersey
For families in New Jersey seeking help for a loved one struggling with addiction, some resources provide both legal and treatment support. Whether you’re exploring involuntary rehab options or looking for ways to encourage voluntary treatment, it’s important to know where to turn for assistance.
Key resources include:
- New Jersey Department of Human Services: Offers resources and information on substance abuse services in the state, including helplines and referrals to treatment centers. Website: www.state.nj.us/humanservices
- New Jersey Substance Abuse Treatment Directory: A comprehensive directory of rehab centers across New Jersey offering services such as outpatient programs, partial hospitalization, and inpatient care. Website: www.nj.gov/humanservices/dmhas
- Blue Star Recovery: Located in Hazlet, NJ, Blue Star Recovery offers outpatient addiction treatment programs, including partial hospitalization, intensive outpatient programs, and dual diagnosis treatment. Website: www.bluestarrecovery.com
- Legal Resources: Families looking to initiate involuntary commitment can consult with local attorneys or contact the New Jersey State Bar Association for legal advice and assistance regarding the petition process. Website: www.njsba.com
Forcing someone to go to rehab in New Jersey is a complex, emotionally charged process.
While the state’s laws allow for involuntary commitment in certain cases, the legal process involves strict criteria and thorough evaluations.
If you’re struggling to help a loved one with addiction, you don’t have to face it alone. At Blue Star Recovery, we provide compassionate care. Contact us today to learn more about our evidence-based addiction treatment programs.
