Involuntary Admission for Alcohol/Drug Users
- Janine Meyer
- Mar 8, 2018
- 6 min read
Updated: Jul 14
Key Takeaways
Legal framework exists: South Africa's Prevention of and Treatment for Substance Abuse Act (70 of 2008) allows for involuntary admission to treatment through court orders when someone poses a danger to themselves or others.
Application process requires sworn statement: A family member, friend, community leader, or social worker must submit an affidavit to the magistrate court detailing the person's substance abuse patterns and associated dangers.
Treatment duration is limited: Magistrates can order involuntary admission to treatment centers for a maximum period of 12 months based on evidence that the person would benefit from treatment.
Mixed outcomes are common: While some individuals may feel betrayed and resist treatment, others overcome their fear of recovery and benefit from the program despite initial reluctance.
Recovery rates are equivalent: Research shows that people admitted involuntarily have the same chances of recovering as those who enter treatment voluntarily, offering hope for families dealing with addiction.
It is common for most people who are struggling with addiction to be in denial, most of them think they are “in control” of the situation but the truth is they are being controlled by their substance of choice.
This results in many people feeling helpless when they witness someone they love suffer from this disease but are reluctant to seek help. It's so heartbreaking to watch someone destroying his/her life because of addiction and being unable to do anything to help them.
However, if you have someone that you care for who is addicted to drugs or alcohol but is not willing to get help voluntarily, there is good news. According to the Prevention Of and Treatment for Substance Abuse Act, 70 of 2008 a court enquiry can be made for involuntary admission into treatment for such people.
How to apply for a court order for involuntary treatment admission
The Prevention Of and Treatment for Substances Abuse Act 70 of 2008, section 33 requires a person who is closely associated with the person concerned (friend/family member), a community leader or a social worker to make a sworn statement (affidavit) to open an enquiry.
This person has to be well acquainted with the person's drinking or drug habits. The sworn statement has to outline the addict's drinking pattern if she/he:
(a) is a danger to himself or herself or the immediate environment or causes a major public health risk;
(b) in any other manner does harm to his or her welfare or the welfare of his or her family and others; or
(c) commits a criminal act to sustain his or her dependence on substances.
The sworn statement has to be submitted to the prosecutor of the magistrate court in the area where the person concerned (the drug/alcohol user) resides. The prosecutor might then request the clerk of the court to issue a summon to the police officer to be served to the person concerned, calling him/her to appear before a magistrate at a time and place stated in such summons.
In other cases, after a magistrate has obtained a report from a social worker regarding the circumstances of the person concerned a warrant of apprehension can be issued. The warrant of apprehension allows the drug user to be detained and brought before the magistrate.
If the person concerned does not appear before the magistrate a warrant of arrest may be issued.
Committal of person to a treatment centre after enquiry
If it appears to the magistrate on consideration of all the evidence submitted that the person concerned requires and is likely to benefit from treatment and skills development provided in a treatment centre, or it would be in the interest of parties involved or in the interest of the community then the magistrate may order that the person concerned be admitted at a treatment centre for a period not exceeding 12 months.
However, people have to understand that if a person concerned has committed criminal changes and has outstanding charges against him, a court order to go for treatment does not preclude the criminal offences.
Pros and Cons of Involuntary Admission
Involuntary admission has its benefits and its challenges regarding the person concerned. In most cases, the family/friends or the loved ones benefit because they know that they need not worry for their loved one as he/she is in a safe environment.
Sometimes some people who use drugs/drink alcohol want to change but they have a fear of the ‘unknown”. So if it is the case with the person, by going through the treatment program involuntarily they might realise that there is nothing to fear and recovery is possible and they might end up benefiting from the program.
Though other people get into the program with a negative attitude, through motivation and different kinds of therapy offered in treatment centres the person might end up having a positive attitude and motivated to go through the program.
On the other hand, some people might feel betrayed by their loved ones and they will go to the treatment centre just because they have been forced to, hence they will not be willing to comply with the rules and regulations of the centre which might result in them being expelled and going back to their drug /alcohol use.
Others attend the program because they have no choice in the matter but they will not give their all. They will be in the treatment program just to “serve their time”. Usually, people like these equate treatment to prison. Therefore in cases like this, it’s likely going to be a waste of everyone’s time because even after the treatment the person will still go back and use drugs/drink alcohol.
Though sobriety is considered an individual’s choice, research has shown that most people who are admitted involuntarily in rehab have the same equal chances of recovering as those admitted voluntarily. So there is hope for everyone affected by this disease called addiction be the person is willing or not.
For more information and assistance in involuntary admission for your loved ones, please contact us today.
Summary:
Delve into the world of involuntary admission for addiction treatment, providing a lifeline for families dealing with reluctant individuals. Understand the legal process outlined in the Substance Abuse Act, including court orders and sworn statements. Explore the pros and cons of involuntary admission, acknowledging the potential benefits and challenges for individuals in treatment. Learn how this process offers hope and recovery opportunities. For more information and assistance in involuntary admission for your loved ones, contact us today.
Denial in Addiction and the Need for Intervention
Overview: Many individuals struggling with addiction are in denial, believing they have control over their situation.
Elaboration: This denial often leaves loved ones feeling helpless as they witness the destructive impact of addiction. When voluntary help is refused, involuntary admission becomes a crucial option.
Legal Basis for Involuntary Treatment
Overview: The Prevention Of and Treatment for Substance Abuse Act allows for involuntary admission through a court order.
Elaboration: Section 33 of the Act enables individuals closely associated with the addicted person, community leaders, or social workers to initiate an enquiry. A sworn statement outlining the person's danger to themselves, or others, or committing criminal acts is submitted to the magistrate court.
Process of Court Order Application
Overview: The application involves a detailed process outlined by the Prevention Of and Treatment for Substance Abuse Act.
Elaboration: A sworn statement is submitted to the prosecutor, leading to a court summon. In cases where a report from a social worker is obtained, a warrant of apprehension may be issued if necessary. Failure to appear can result in a warrant of arrest.
Magistrate's Decision for Admission
Overview: The magistrate evaluates evidence and may order involuntary admission based on the person's need for treatment.
Elaboration: If the evidence suggests the individual would benefit from treatment, the magistrate may order admission to a treatment centre for a period not exceeding 12 months.
Pros and Cons of Involuntary Admission
Overview: Involuntary admission has both benefits and challenges.
Elaboration: Pros include providing a safe environment for the person and overcoming their fear of change. However, challenges may arise if individuals feel betrayed, leading to non-compliance and potential expulsion from the treatment centre.
Hope in Involuntary Admission
Overview: Despite the challenges, research suggests hope for recovery in involuntary admission cases.
Elaboration: Even when individuals enter treatment involuntarily, research indicates equal chances of recovery compared to those admitted voluntarily. Sobriety remains a possibility, offering hope for everyone affected by addiction.
Involuntary admission for alcohol or drug users becomes a vital intervention when denial hinders voluntary help. The legal framework allows concerned individuals to initiate court orders based on evidence of danger or harm. While there are both pros and cons, research suggests that recovery is possible even in cases of involuntary admission. For more information and assistance, reaching out for support is encouraged.
If you or a loved one is struggling with substance use and need guidance on the best course of action, seeking professional help is crucial. Our team understands the complexities of involuntary admission and can provide the support you need. Learn more about our specialized treatment programs, or feel free to reach out to us to discuss your options and get the assistance necessary for recovery