Can You Force Someone To Go To Rehab In Massachusetts?

If you’re wondering, “Can I force someone to go to rehab in Massachusetts?” then you’re probably deeply concerned for a loved one’s well-being and safety. Having questions about forcing someone into treatment for substance use disorder (SUD) suggests that you feel your friend or family member may be in a dire situation.

Undoubtedly, drug and alcohol abuse can significantly influence the way a person thinks and acts. If the individual has an SUD and a co-occurring mental illness, the symptoms of both conditions may become exacerbated. You may have observed some concerning symptoms on your loved one’s behalf and wish to intervene before an incident occurs. In the state of Massachusetts, it is possible to legally force someone into treatment.

Section 35 Of Massachusetts General Law: Civil Commitments

Involuntary civil commitment (ICC), the ability to commit someone to rehab for a drug or alcohol addiction, is covered under Chapter 123, Section 35 of Massachusetts General Law. This law upholds that a “qualified” person can request a court order to involuntarily commit someone with an SUD to a treatment facility. To be committed, the individual in question must meet certain standards of eligibility.

Who Can File A Motion For Section 35?

Under Section 35, the person who submits the petition must be a “qualified person.”

The following qualified people may submit a petition:

• spouse
• blood relative
• guardian
• police officer
• physician
• or court official

How Long Can Someone Be Involuntarily Committed?

A person can be forced to receive inpatient treatment for an SUD in Massachusetts for up to 90 days.

What Is The Process For Involuntary Commitment In MA?

Having someone detained against their will and court-ordered to a rehab center is a process that consists of several steps.

The steps to have someone involuntarily committed are as follows:

1. A qualified person submits a petition to a district or juvenile court. The qualified person, or petitioner, must have reason to believe: the individual in question has an SUD and may pose an immediate risk to themselves and/or others, and/or the individual is so incapacitated by addiction that they cannot meet the basic needs of survival, and there is no adult that can meet these needs on their behalf.
2. The court receives the petition and determines whether to have a hearing.
3. If a hearing is scheduled, the individual in question receives a summons to appear in court. She or he is permitted to hire an attorney, receive representation from a public defender, or represent themselves. The court orders for a doctor, psychologist, or social worker to assess the individual.
4. If the court determines the individual has an SUD and is at risk of causing harm to themselves or others as a result of their SUD, then he or she may be ordered to an inpatient treatment center for up to 90 days, or three months. The facility is chosen by the state’s Department of Public Health.
5. The individual is permitted to leave treatment before 90 days, or the predetermined period of time, if the rehab center superintendent submits in writing that he or she is unlikely to pose a danger as a result of their SUD. The individual may remain in treatment for longer than the ordered amount, if they so choose.

What Are The Eligibility Requirements For Being Committed To Rehab?

To be committed to a drug and alcohol treatment facility in the state of Massachusetts under Section 35, a person must meet several standards of eligibility. This is in addition to having a qualified person file a petition for the person to be committed.

To be eligible for commitment under Section 35, a person must meet the following criteria:

• has an alcohol or drug addiction
• is likely to commit harm to themselves and/or others
• poses an immediate danger to themselves and/or others

In order to ensure that a person’s civil rights are not threatened under Section 35, due process is provided under the law.

Can You Appeal Involuntary Commitment Through Section 35?

Yes, the person who is committed to treatment can file an appeal within seven days, and even after completing treatment. If the person’s mandatory commitment is deemed unlawful, they will be released.

An appeal for court-ordered rehab may be filed because of the following:

• concerns about the warrant being legitimate
• concerns about the petitioner being a “qualified person”
• concerns about proving whether the risk of harm was imminent
• concerns about whether the likelihood of harm was related to SUD or addiction
• concerns about involuntary rehab being the least restrictive option

Does Civil Commitment Work?

The purpose of civil commitment is to ensure the safety of the person with the SUD and others. If the person with the SUD is known to become aggressive when under the influence, and has a history of violent behaviors, then the intent is for them to receive treatment and prevent a future incident. According to the National Judicial Opioid Task Force, involuntary commitment saves lives, but it’s important that the individual receives evidence-based treatment while in care.

Unfortunately, however, involuntary commitment does not guarantee the person will stay sober. After being released, people are encouraged to continue addiction treatment, but aren’t required to do so unless it’s mandated by the court. Although involuntary commitment lasts up to 90 days in Massachusetts and longer in other states—it’s 180 days in Connecticut—some states have a short commitment. In California, for example, a person can only be committed for up to two weeks. Because of the short stay, there are concerns about whether people will take treatment seriously and remain sober afterward.

In states with shorter commitment periods, overdose is an immediate risk. This is because their tolerance will have decreased, but the addiction will not be fully treated. During the development of dependence and addiction, the body becomes accustomed to the presence of a substance, and so more of the substance is needed to experience the same initial high-like sensation. The longer the substance is used and the more it is used, the higher the person’s tolerance becomes. When a person is separated from their drug of choice for two weeks, against their will, the treatment provided likely will not be sufficient to help them deal with cravings and other triggers for using the substance. They may simply “wait out” the two weeks, and then return to using the amount of the drug they used prior to treatment. With their tolerance lower, this situation can lead to an overdose.

Other U.S. States That Allow Involuntary Commitment

Massachusetts is one of 37 states that allow involuntary commitment for SUD, alcohol addiction, or both.

Other states that permit involuntary commitment for people with an SUD and/or alcohol addiction, specifically include:

• Alaska
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Minnesota
• Mississippi
• Missouri
• North Carolina
• North Dakota
• Oklahoma
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin

Find Freedom From Addiction At Bedrock Recovery Center

If you are dealing with a drug or alcohol addiction in Massachusetts, you don’t have to attempt recovery alone. Help is available whenever you’re ready. Call Bedrock Recovery Center in Canton, MA, for more information today.