Puja Sachdev | November 7, 2024 | California Law
According to the National Center for Drug Abuse Statistics, half of people aged 12 and older have used illicit drugs at least once. Drugs can negatively impact a person’s health and well-being, so family courts in California consider any regular and ongoing substance abuse when making child custody, parenting time, and other decisions related to children.
As a way to combat the adverse effects of substance abuse on families, courts may sometimes order a parent to rehabilitation. Here are eight facts you need to know about this critical issue:
1. The Court Has the Right to Order You to Undergo Evaluation for Drug Addiction
The first thing to realize in these situations is that courts do have the right to order a party involved in a child custody dispute to undergo evaluation for drug addiction without their consent if the person is a potential danger to themselves or others.
2. The Court Has the Right to Order You to Rehabilitation
If the initial assessment and evaluation indicate treatment is necessary, the court can order the person to rehabilitation–even if the person ordered there does not want to go. However, the evaluation and treatment must only be related to and concerned with the alleged abuse of controlled substances.
3. Certain Parties Can Initiate an Involuntary Commitment for Drug Rehabilitation
Various parties can initiate legal proceedings to lead to the involuntary commitment for drug rehabilitation, including government officials, law enforcement officers, or designated staff members at treatment facilities. Family members, friends, and other interested parties can also petition the court for involuntary commitment related to the evaluation and treatment of substance abuse.
4. You May Be Responsible for the Costs of Rehabilitation
Even if the court orders you for evaluation or treatment, you could still be responsible for paying the costs associated with rehabilitation, which can be quite high. However, your health insurance may be able to help pay these costs. In some situations, family members may be able to cover the costs. Other programs may be available to help pay the costs associated with court-ordered rehabilitation.
5. Court-Ordered rehabilitation Can Last More than 72 Hours
Many people are familiar with California’s 72-hour holds, where the initial assessment and evaluation period is not longer than 72 hours. However, if staff determines the affected individual requires treatment, they can be involuntarily committed to a rehabilitation facility for longer than 72 hours.
6. You May Be Able to Select the Treatment Facility
Even though the court may involuntarily order a person to mandatory rehabilitation, they may still be part of the decision-making process. They may be able to choose the treatment facility. The court can consider their preference as long as the facility complies with the requirements provided in the court order.
7. Rehabilitation Can Be a Positive Experience
While the person ordered to rehabilitation may feel unmotivated to attend rehabilitation or forced into something they did not want, it’s important they keep in mind that this can be a positive and life-changing experience. Many people are unable to admit they need help, but once it is available, they may thrive in this supportive environment. Attending drug counseling sessions, treatment, and evaluation can be considered in child custody cases, including modification of child custody orders.
8. A Family Law Attorney Can Help with Court-Ordered Rehabilitation Matters
Whether you are the person who is subject to court-ordered rehabilitation or a parent concerned about a co-parent’s drug abuse negatively affecting your child, a lawyer can help. San Diego Divorce Lawyers, APC is familiar with the laws regarding court-ordered rehabilitation and can use them to champion your rights. Contact us for a confidential consultation to discuss your particular circumstances.
Contact Our Family Law Firm in San Diego, CA
Contact our experienced San Diego family law lawyers at San Diego Divorce Lawyers, APC today for legal assistance. Contact our San Diego office at (619) 866-3756 to schedule a free consultation.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
