Treatment FAQ

how can someone be legally required to go to treatment

by Betty Wuckert Published 2 years ago Updated 2 years ago
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What is the criteria for a Marchman Act?

A person meets the criteria for involuntary admission if there is good faith reason to believe the person is substance abuse impaired and, because of such impairment: (1)Has lost the power of self-control with respect to substance use; and either (2)(a)Has inflicted, or threatened or attempted to inflict, or unless ...

How do I force someone to go to therapy?

Usually, you can't force someone to go to therapy or get psychiatric treatment. However, if you believe that your loved one may be a danger to himself or to others because of a mental condition, in California, for example, you may want to consider a 5150 hold.

What do you do if someone refuses mental health treatment?

If the person refuses to follow the treatment plan, he/she can be sent to jail. Mental health courts have been shown to be very effective in keeping people on medication, and in reducing rehospitalizations, incarcerations, and violent behavior.

How many states have the Marchman Act?

38 statesOverall, 38 states have some type of commitment procedure related to substance abuse treatment. These include: Connecticut. South Carolina.

Can my parents force me to go to therapy?

The same is true when it comes to outpatient therapy. Your mom, dad, or caregiver cannot schedule an appointment on your behalf. You don't have to go to therapy if you don't want to. Even if you end up going to a therapist, they cannot call the therapist and discuss your issues without your consent.

How do I force someone to go to the hospital?

A person can be involuntarily committed to a hospital if they are a danger to themselves, a danger to others, or gravely disabled. They are considered a danger to themselves if they have stated that they are planning to harm themselves.

Can a mentally ill person be forced to take medication?

You have the right to refuse medical treatment or treatment with medications (except in an emergency) unless a capacity hearing is held and a hearing officer or a judge finds that you do not have the capacity to consent to or refuse treatment.

What to do if someone is mentally unstable and won't get help?

You can call a crisis line or the National Suicide Prevention Line at 1-800-273-TALK (8255). If you think your friend or family member is in need of community mental health services you can find help in your area.

Can you refuse medical treatment for yourself even if it means death?

Competent patients have the right to refuse treatment, even when the refusal will result in disability or death.” Consent law would be completely pointless if it did not protect a patient's right to refuse treatment.

How do you fight a Marchman Act?

To file a Marchman against you, family members or three or more unrelated persons together must file a petition in the court. An attorney isn't necessary, but it's highly advisable. It's highly likely that unless someone has filed this before, they will make important mistakes unless they have an attorney.

What is the Baker Act in FL?

The Florida Mental Health Act, commonly known as the Baker Act, enables loved ones or others to request emergency mental health services for a person who cannot or will not request help for themselves.

What is the difference between Baker Act and Marchman Act?

These acts mean that a person can be held for up to 72 hours for an involuntary assessment for mental health or substance abuse issues. Specifically, the Baker Act is for mental health issues, and the Marchman Act is for those struggling with substance abuse issues.

What Is Mandated Treatment?

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Mandated treatment is treatment ordered by a court. A person might have to undergo treatment for a set period of time, receive an evaluation from an approved mental health expert, pursue treatment at a specific facility, or agree to treatment as a condition of probation or parole. A person might also have to receive treatm…
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History of Mandated Treatment For Mental Health

  • Mandated treatment allows clinicians, judicial systems, and treatment facilities significant control over a client’s life. Historically, mandated treatment was rife with abuse. People sent to mental health facilities might spend years in those facilities, receiving a wide range of unsupported and potentially traumatic treatments. Patients might be forced to undergo electroconvulsive therapy…
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Common Reasons For Court-Ordered Therapy

  • Some of the most common reasons a court might order treatment include: 1. The person has been convicted of a sex crime. Some states’ sex offender registries require participation in sex offender treatment. 2. The person has lost custody of their child because of abuse, neglect, or addiction. 3. The person is involved in a child custody dispute, and the court thinks one or both p…
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Does Court-Mandated Treatment Work?

  • Like any other treatment, the effectiveness of court-mandated treatment depends on several factors, including the skill of the clinician and the willingness of the client to actively engage in the treatment process. Court-mandated treatment can and does work. Drug courts, for example, may lower recidivism. One study found that, over 2 years, drug court participation was correlated wit…
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