For Immediate ReleaseFebruary 1, 2006

Contact:

Daniel Y. Boaz

(270) 444-4709

Families find help under Kentucky law:

Involuntary commitment to drug and alcohol treatment an option

Stories of those addicted to alcohol or drugs fill newspapers across the nation. Readers learn of overdoses, suicides and crimes committed to support a habit. But what readers rarely see is the behind-the-scenes torment suffered by the families of the addicts—and the struggles endured while trying to rid their loved ones of addiction.

That is the story of Charlotte and Jim Wethington and their late son Matthew Casey Wethington.

The Wethingtons watched in agony as their son Casey plunged into heroin addiction and struggled over a six-month period to overcome his addiction. He finally asked his parents to check him into St. Luke Drug and Alcohol Treatment Center in Falmouth, Ky. He signed himself out after six days, his addiction too powerful to resist.

Six months later, at age 23, Casey was dead due to a heroin overdose.

At the time, there was no law in Kentucky that could legally force Casey to stay in the treatment program. But thanks to the efforts of the Wethingtons, there now is a law allowing the immediate family to enroll a family member into a drug and alcohol treatment program involuntarily.

“Many people are familiar with Kentucky’s laws related in involuntary commitment to a mental institution; however, few people know about the help available for those suffering from drug or alcohol abuse,” said Dan Boaz, McCracken County Attorney.

House Bill 67, which passed the Kentucky legislature in 2004, provides an avenue for the immediate family to petition for involuntary treatment for a loved one suffering from alcohol or drug abuse. The petition can be filed in the local district clerk’s office by a spouse, relative, friend, or guardian of the individual.

The person filing the petition must guarantee payment for the treatment that may be ordered by the court.

Once the petition has been filed, the petitioner would be interviewed under oath by the court regarding the petition. If the court finds probable cause to believe the one suffering from drug and or alcohol abuse should undergo treatment, then the court will:

  • Set a date within 14 days for further determination of probable cause to order treatment;
  • Notify the one suffering from drug and alcohol abuse, the legal guardian, if applicable, the spouse, parents, or nearest relative or friend concerning the allegations and the upcoming hearing. The contact information of the appointed attorney will also be made available.
  • Order that the one suffering from drug or alcohol abuse be examined by two qualified health professionals (at least one being a physician) no later than 24 hours before the hearing date.

Under the law, a person can be ordered to undergo treatment if he or she:

  • Suffers from alcohol and other drug abuse;
  • presents an imminent threat of danger to self, family or others as a result of that abuse, or there is a substantial likelihood of such a threat in the near future; and
  • can reasonably benefit from treatment.

If the court rules during the hearing that treatment is necessary, the court will order treatment. The law stipulates time ranges for treatment: 1) not to exceed 60 days; 2) not to exceed 360 days; or 3) another time period that was agreed upon at the hearing. Failure to undergo treatment would place the respondent in contempt of court.

If the court finds that there is no probable cause for treatment or if the petitioner withdraws the petition, the proceedings will be dismissed.

The law also deals with emergency situations when the person suffering from drug or alcohol abuse presents an imminent threat of danger to self, family or others, according to Boaz.

“If examination by the qualified health professions indicates this imminent threat, the person can be hospitalized for up to 72 hours,” Boaz. “The law prevents the person from being held in jail pending transportation to the hospital, unless the person is being held in contempt of court for failure to undergo treatment or failure to appear at the examination.”

If the person suffering from addition fails to appear at the hospital or the examination, a summons will be issued for the respondent to be transported by the sheriff or other peace officer to a hospital or psychiatric facility. The petitioner will be responsible for transportation costs in addition to any costs associated with treatment.

“The purpose of this law is not to infringe upon the rights of drug and alcohol abusers,” said Boaz.“But to give loved ones options in helping those who, because of drug and alcohol dependency, cannot help themselves.”

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