How To Get Your Loved One Court-Ordered Rehab In Ohio

Manish Mishra, MBBS

Medically Reviewed By: Manish Mishra, MBBS

on March 31, 2023

While it’s not the best option, court-ordered addiction treatment for a loved one can ensure they don’t further hurt themselves or others. To do so in Ohio, you must first petition the court and provide the necessary evidence, and then it’s up to the court to decide whether treatment is required or not.

Ohio has several laws that create a process for committing someone with substance use disorder to addiction treatment. The law allows for a court-ordered rehab program that includes either residential treatment/inpatient treatment or outpatient treatment. 

While there are many reasons for court-ordered rehab or involuntary substance abuse treatment, it’s often a form of alternative sentencing instead of jail time. On the other hand, it can also be a way for friends or relatives to try and help a loved one they believe is in need. 

How To Get Your Loved One Court-Ordered Rehab In Ohio

There are two ways to be ordered into rehab by the court system in Ohio

The first is if a criminal defendant’s addiction is part of the reason they committed a crime and the judge thinks rehab will be better than jail. 

The second involves a family trying to get the court to intervene so the family member with addiction can attend a rehab program when that person refuses to do so and is a danger to themselves or others.

Because the reasons for court-ordered addiction treatment are different, there are often different processes for each situation.

Family Petitions The Court

When the family petitions the court to order a loved one into drug rehab, the court will ask questions and look for evidence that may include:

  • Are they a danger to themselves or others?
  • Are they unable to provide for their own needs?
  • Are they deemed to be in immediate danger of harm?
  • Are they diagnosed with drug or alcohol addiction?
  • Are they a first-time offender?
  • Did they commit a non-violent crime?
  • Did they commit a drug-related crime or alcohol-related crime like a DUI?
  • Are they willing to participate in treatment?

Any person who believes that their loved one is a danger to themselves or others and needs court-ordered treatment for drug or alcohol addiction can file an affidavit that must:

  • include all information required under the law
  • establish probable cause for the need for treatment
  • include information that comes from reliable sources or personal experience

The Court Reviews & Evaluates

Once the affidavit is filed the court reviews it and can order temporary detention if necessary. Police then take the person into custody and transport them to a hospital or treatment facility. 

Within two days, the county mental health board must decide if treatment is necessary and present that information to the court. The court may also order an evaluation by a healthcare provider.

The Court Schedules A Hearing

After all of that, a hearing is conducted and the court makes the final decision on whether your loved one must attend inpatient or outpatient treatment. If they agree that the person needs treatment, that person is legally obligated to comply with the ruling.

Whether your loved one attends inpatient or outpatient treatment depends on their crime, their substance use history, and other factors. 

What Happens In Court-Ordered Rehab?

When someone is ordered to attend rehab by the court, they must stay compliant with the guidelines of the rehab facility and any terms put in place by the judge.

Whether they’re in inpatient or outpatient treatment, court-ordered drug rehabilitation is likely to consist of a number of treatment programs, including detoxification, behavioral therapy, group counseling, and learning relapse prevention strategies.

How long court-ordered rehab lasts depends on the specific drug rehab center and the judge’s orders. 

Pros & Cons Of Court-Ordered Rehab

While voluntary treatment is always the goal, court-ordered rehab does have its benefits. Some of the benefits of drug/alcohol rehab ordered by the criminal justice system include:

  • removing the person from the environment that may have led to the addiction and/or crime
  • receiving comprehensive treatment that treats the behavioral, cognitive, and physical parts of addiction
  • avoiding jail time
  • possibility of the crime committed being removed from your record
  • reconnecting and rebuilding relationships with your family and friends

While there are some benefits to court-ordered rehab, it’s likely not the best option for long-term sobriety. Even after court-ordered rehab ends, the person may have to take additional steps to manage recovery and avoid relapse. Voluntary rehab is always preferred over involuntary rehab.

Who Pays For Court-Ordered Rehab?

The person going to court-ordered rehab must pay for their treatment but they can choose an accredited treatment center that fits their budget and their treatment needs. 

The person that petitioned for court-ordered rehab may also be responsible for paying, and it depends on the situation.

How much a treatment facility costs depends on the length of stay, type of treatment, number of treatment services, if it’s a for-profit or non-profit, and where the facility is located. 

Health insurance can pay for court-ordered rehab, but a copay, deductible, or other fees may need to be paid separately.

Ohio Recovery Center

If you or a loved one are struggling with drug abuse or drug addiction and looking for a treatment center, Ohio Recovery Center is here for you. We can help you build a treatment plan that fits your exact needs. 

To help build a customized plan, we offer a variety of addiction treatment options like detox, inpatient drug rehab, medication-assisted treatment, and aftercare support.

For more information, please call our helpline today.

  1. Ohio Department of Mental Health & Addiction Services — Affidavit of Mental Illness
  2. Ohio Department of Mental Health & Addiction Services — Drug Courts
  3. Ohio Laws & Administrative Rules — Section 5122.11 | Court ordered treatment of mentally ill person

Written by Ohio Recovery Center Editorial Team

© 2024 Ohio Recovery Center | All Rights Reserved

* This page does not provide medical advice.

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