Can You Force Someone into Rehab in New Mexico

Can You Force Someone into Rehab in New Mexico?

Getting Answers and Support for a Loved One at Icarus

If you have a loved one with a mental health or substance use disorder, you want what’s best for them. You are likely rightfully worried about what will happen if they do not seek appropriate treatment. Unfortunately, many people who need help for mental health or alcohol and drug addiction do not realize that they have a problem or need a higher level of care.

Usually, this is when a family member or loved one considers involuntary rehab. So, what should you know if your loved one is a New Mexico resident who needs help? Can you force someone into rehab in New Mexico? There are ways to find the answers and support you’re looking for. We’re here to help.

This article will discuss what to expect when you pursue involuntary rehab or mental health treatment for a loved one in New Mexico, including the diversity of state laws, what to expect during the admissions process when someone is involuntarily committed, the role of interventions, and how treatment can help.

Involuntary Commitment Laws for Substance Abuse and Other Mental Health Disorders

Involuntary Commitment Laws for Substance Abuse

First, let’s define involuntary commitment. “Involuntary” means that a person in an applicable situation (e.g., a mental health crisis) refuses or is unable to consent to treatment. Voluntary, on the other hand, would mean that the person agrees to receive care for mental health and/or addiction treatment.

Involuntary commitment laws and experiences vary from state to state. For example, Florida has an act called the Hal S. Marchman Alcohol and Other Drug Services Act of 1993, or “The Marchman Act,” which allows for voluntary or involuntary assessment of alcohol or drug abuse and provides treatment.

While the same act doesn’t exist in New Mexico, there are instances where involuntary rehab or mental health treatment as an inpatient or at an outpatient facility is necessary and possible.

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Can You Force Someone Into Rehab in New Mexico?

Getting someone else to enter addiction or mental health treatment in New Mexico when they need but refuse to get help may be more challenging than it is in some other states. This is because New Mexico, Oregon, Alabama, New Jersey, New Hampshire, Arizona, Idaho, Utah, Maryland, Nevada, Wyoming, and Illinois are all states without involuntary commitment.

However, there are cases in which courts can order involuntary inpatient stays for assessment and treatment in New Mexico. Specifically, involuntary commitment in an inpatient setting may be necessary when:

  • A person is at serious risk of harming themselves or someone else.
  • There is evidence that the person needs or would benefit from the proposed treatment.
  • The ordered treatment is appropriate for the needs of an individual and is considered the least drastic option.

Your loved one may be considered at risk of harming themselves or someone else if it’s more likely than not that they will inflict serious and unjustified harm on themselves or someone else, attempt suicide, or have shown behavior that reasonably indicates that they may commit a criminal sexual offense.

Additionally, if a person is unable to meet their basic needs due to substance abuse, involuntary addiction treatment may become possible.

Involuntary Outpatient Addiction and Mental Health Services in New Mexico

Outpatient treatment can be an alternative to inpatient treatment. For some individuals, outpatient programs might be more suitable.

Like inpatient involuntary rehab, your loved one can be ordered to receive outpatient support for mental health or substance use in some cases. This is called “assisted outpatient treatment,” which is only possible in jurisdictions that opt-in with a memorandum of understanding between the local district court and jurisdiction.

Assisted outpatient treatment is made possible when a person is 18 or older, is diagnosed with a mental disorder, and has demonstrated a lack of compliance in treatment that results in negative outcomes. For example, hospitalization, incarceration, or serious acts of violence toward oneself or someone else.

What to Expect During the Admissions Process in Cases of Involuntary Treatment

Admissions Process in Cases of Involuntary Treatment

In New Mexico, involuntary mental health or substance abuse treatment will be short-term. If the law deems inpatient or outpatient treatment necessary for your loved one, they will be ordered to attend treatment for a specific period. Involuntary commitment to an inpatient program is limited to 30 days.

When someone you love is involuntarily committed, more of the admissions process may fall on you than it would in cases of voluntary commitment to mental health or alcohol and drug addiction treatment. Likely, you will navigate and create plans with legal and treatment professionals.

Often, emotions will be high, but when someone is involuntarily committed, there is a reason for it. Sometimes, people who refuse treatment have had negative experiences with treatment in the past. Alternatively, they may be in a state of poor judgment.

Not all treatment centers are the same. You and the loved one you hope to get involuntarily committed both have rights that may be worth learning about. For example, treatment for mental illness and substance abuse must be up-to-par and following state laws.

The Role of Interventions in Addiction Treatment

If your loved one faces drug and alcohol addiction or a mental health condition that requires treatment and involuntary commitment to mental health rehab programs or drug rehab is not likely possible, there are other approaches to try.

One possible option is an intervention, specifically in cases where a person is not eligible for involuntary commitment but could be responsive to an intervention. Although interventions don’t guarantee that a loved one will enter mental health or substance abuse treatment, they can be highly effective when applicable.

Qualified drug interventionists can help your family stage an intervention. Even if the outcome isn’t voluntary treatment for a substance use disorder, it may help a person realize that their addiction is a problem.

What Should Loved Ones Exploring Involuntary Commitment Laws Know?

Loved Ones Need Addiction Treatment

If you are exploring involuntary commitment laws or have a loved one facing serious mental health, alcohol, or drug abuse-related concerns, it can be helpful to educate yourself on addiction, mental illness, relationship repair, and how to take care of yourself during this challenging time. Whether or not involuntary treatment is the result of your efforts, keep the following in mind.

Know the Signs of Drug Overdose and Be Prepared

If your loved one is at risk of overdose, it is critical to know the signs. Common signs of overdose include but aren’t limited to the following:

  • Mental confusion.
  • Trouble remaining conscious or total lack of consciousness.
  • Slowed or stopped heart rate.
  • Cold body temperature.
  • Vomiting
  • Irregular or slowed breathing.
  • Pale, blue-tinged, or clammy skin.
  • Seizures.

If you notice signs and symptoms of overdose, seek proper medical care immediately. Naloxone is now available over the counter nationwide, and if your loved one is addicted to opiates such as heroin or fentanyl, it is crucial to obtain this medication and keep it readily available to administer when needed.

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Addiction and Mental Health Awareness

Learn about addiction or your loved one’s specific mental health condition so that you know how to navigate it best. Understand that a wide range of risk factors can factor into the development of both addiction and mental health concerns.

Repairing Interpersonal Relationships

Family therapy sessions such as those offered in Icarus Behavioral Health’s programs can help family members get appropriate education on addiction and repair relationships with one another.

Coping With a Loved One’s Addiction

Taking care of yourself matters when your loved one has an addiction. In many cases, getting support for yourself can be positive for the whole family. You might seek out therapy or support groups in your area.

How Icarus Can Help Your Loved One With a Mental Health or Substance Use Disorder

Aftercare Support

You may not always be able to force someone into rehab or get them to a place where they consent to it. Even so, treatment for substance use disorders and mental health conditions can save or change a person’s life. Our mental health, substance abuse, and dual diagnosis treatment programs can help you or your loved one heal.

If you do take an approach such as an intervention, making arrangements for addiction treatment ahead of time matters. That way, everything is in place if a loved one does agree to rehab for a substance use disorder. Here are some of the reasons clients and their families choose us.

A Full Continuum of Care

Icarus Behavioral Health has a full continuum of care. We offer every level of care used in mental health treatment or drug and alcohol rehab centers.

Our programs and services include:

Medication-assisted treatment (MAT) and medication management services are available to clients when applicable.

Whole-Person Approach to Healing

All of our clients get an individualized treatment plan. We take a whole-person approach to healing and offer a host of evidence-based and holistic treatments, as well as recreation and skill-building opportunities.

Payment and Insurance

Icarus Behavioral Health is proud to accept most forms of insurance. We take private health insurance plans, VA healthcare plans, and Medicaid. Our admissions team can help you verify insurance coverage for treatment or explore another payment option.

Get Help at Icarus for a Loved One Who is Struggling

Individualized Treatment Plan

If you’re ready to get help for yourself or someone else you know, contact Icarus Behavioral Health today. We offer dual diagnosis, mental health, and addiction treatment in New Mexico.

To find out more about our programs or get answers to your questions about treatment, call our admissions line today.

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FAQs on Involuntary Commitment to Rehab

How many states have involuntary commitment laws?

Currently, there are 37 US states with involuntary commitment laws. Involuntary commitment laws work by mandating people with substance use or mental health concerns to treatment when it is deemed necessary.

Does involuntary commitment to rehab work?

Substance abuse treatment can result in positive outcomes, even if a person does not choose to go on their own. Physical stabilization and safety are two possible outcomes of involuntary commitment to addiction treatment.

The same is true for mental health treatment. There are times when a person with a mental health condition will require and benefit from involuntary treatment.

For example, when they are not in a mental state that enables them to make clear decisions or when there is evidence to support that they’re likely to harm themselves or someone else if they don’t get treatment.

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