Sunday, September 14, 2014
Home » Casey’s Law
An involuntary treatment act for those who suffer from the disease of addiction.
What is Casey’s Law?
The Matthew Casey Wethington Act for Substance Abuse Intervention is named for Matthew Casey Wethington, who died in 2002 from a heroin overdose at the age of 23. Casey was an energetic young man who enjoyed life until it was “taken” by drugs. Casey never intended to become addicted to drugs when he used the first time. What he did not realize was that his using would progress from abusing to dependence and then to the disease of addiction. Although his parents tried to get him help, there was no law that could force someone into treatment because he was an adult. After Casey’s death his parents lobbied for a change. “Casey’s Law” passed on April 9, 2004, and took effect July 13, 2004.
What does this law provide?
The act provides a means of intervening with someone who is unable to recognize his or her need for treatment due to their impairment. This law will allow parents, relatives and/or friends to petition the court for treatment on behalf of the substance abuse-impaired person.
Why is this law needed?
Denial and distorted thinking impedes a person’s ability to make a rational decision. The “bottom” for many is death. Addiction is a progressive, life-threatening disease. The best hope of survival for a person who is substance abuse impaired is intervention. Studies show that involuntary treatment can be just as successful as voluntary treatment. Most individuals who are substance abuse-impaired receive court-ordered treatment only after they have become arrested for a crime while under the influence of a substance. Drugs and crime often go hand-in-hand because people who are substance abuse impaired are forced by their disease to resort to any means necessary to procure their drug. Court-ordered treatment can be effective regardless of who initiates it. Not all people who are substance abuse impaired are arrested or, in the event that they are, may not receive the necessary treatment.
What is the process to use Casey’s Law?
The following steps must be taken in order to involuntarily commit someone to treatment:
Obtain a copy of the petition from the District Court clerk’s office by requesting Form 700A – the Verified Petition for Involuntary Treatment of Alcohol/Drug Abuse – or click here to download.
A spouse, relative, friend or guardian of the substance abuse-impaired person completes the petition and files it with the District Court clerk.
The court reviews the allegations in the petition and examines the petitioner under oath.
The court determines whether there is probable cause to order treatment for the person named in the petition (the respondent).
If probable cause is established a judge appoints an attorney to represent the respondent, order the respondent to be evaluated, and schedule a hearing within 14 days.
The respondent is notified of the date and purpose of the hearing.
The respondent is evaluated by two qualified health professionals, at least one of whom is a physician, to determine if the respondent could benefit from treatment.
If the judge finds the respondent should undergo treatment, the court shall order treatment from 60 days up to 360 days, depending upon the request in the petition and the result of the evaluation. Treatment options vary depending upon each individual’s circumstances and can range from detoxification to intensive treatment through recovery.
Who pays for treatment?
As the law is currently written the petitioner is obligated to pay all costs incurred in the process as well as for the court-ordered treatment. The petitioner must sign a guaranty for payment. Low-income individuals living within the Fifth Congressional District may qualify for a UNITE treatment voucher if they acknowledge that they have a problem. For information call the UNITE Treatment Referral Line – 1-866-908-6483.
What happens if the respondent fails to comply?
Failure to comply at anytime during the process may place the respondent in contempt of court.
What is UNITE’s role?
Operation UNITE is helping to raise awareness of this law’s existence by distributing pamphlets and educating court staff. It is UNITE’s opinion that those with a substance abuse problem often need treatment, but are unwilling to seek assistance. This law has the potential to save lives by enabling family and friends to look out for a person’s best interest.