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What Is Casey’s Law?

Written by dev on . Posted in Addiction & Substance Use Disorder, Addiction Treatment.

My Loved One Is Abusing Drugs or Alcohol and I Am Afraid They May Hurt Themselves. What Can I Do?

If there is an immediate threat of harm to themselves or others call 911. Often families or friends turn to involuntary treatment because they feel that they have exhausted all other options. After all, the person who is abusing substances is hurting themselves, causing family strife, and harming others to continue using. If the person is treatment-resistant or does not see their substance use as a problem it leaves loved ones in a state of hopelessness and fear. This is OK and normal. Most people have little or no experience with substance abuse or treatment options, so they don’t know where to turn.

There are solutions beyond involuntary treatment that are more effective. An informal intervention by a neutral third party is one way to help ease a person into the realization that treatment is the best course of action. Formally structured interventions are another way to go. Making things difficult for the person suffering from addiction by strategically cutting off resources is another effective approach. At The Ridge, we are experienced with treatment-resistant individuals and can use our resources to assist in helping your loved one make the best choice.

What Is Casey’s Law?

Casey’s law is a piece of legislature passed in Ohio and Kentucky that allows loved ones to petition the court for involuntary addiction treatment.

What States Have Casey’s Law?

As of October 2019, only Ohio and Kentucky have active versions of Casey’s law with versions in the works in Georgia and West Virginia. Civil commitment for substance use or involuntary substance use treatment laws, such as Florida’s Marchman Act or Kentucky’s Casey’s Law exist in 37 states.

These laws are rarely used as an option because they can be complex to undertake, unclear, or are simply not known in the state. Also, once the process of involuntary commitment begins, a person suffering from substance use disorder may decide on their own to attend treatment.

How Do I Use Casey’s Law or Another Civil Commitment Law to Court Order My Loved One Into Treatment?

For Casey’s law specifically, there are a series of legal steps that must be taken including filling out a petition and filing it with your local district court. There are fees involved with this filing and the process can take 14 days or longer. Additionally, two or more qualified health professionals must also agree that the person will benefit from treatment. Find out more about the specific steps for Kentucky here: https://odcp.ky.gov/Stop-Overdoses/Pages/Caseys-Law.aspx and for Ohio: http://caseyslaw.org/caseys-law-oh-steps/

What Are My Options If I Cannot Use Casey’s Law Where I Live?

If there is an immediate threat of harm to themselves or others call 911. If the individual’s substance use is creating imminent harm, your local jurisdiction may have a version of a “civil commitment” or “involuntary treatment” law that includes substance use. These laws vary greatly from state to state. Here is an interactive map that can help guide you to your own area’s laws and regulations: http://lawatlas.org/datasets/long-term-involuntary-commitment-laws

Our Family Has Been Through So Much, What Is Next for Us?

The fact remains: if an individual does not want help forcing treatment may not change their mindset. That does not make it any easier for the loved ones involved but there is always hope for the person suffering from the disease of addiction.

Find out which inpatient rehab centers can treat their specific type of substance use disorder.

Find out how they treat the disease of addiction, get specific, ask for staff credentials and treatment methods. Are they licensed in the state? Are they Joint Commission or CARF accredited? Is there detox offered if necessary? Is the treatment residential, outpatient, or partial hospitalization?

Determine what the financial impact will be, so you are ready. Check with local treatment centers to see if they accept your loved one’s health benefits, what the copay or out of pocket amounts are and, what the self-pay rate is. Are they in-network or out of network? Are there payment plans available?

Find out if your loved one needs detox services and what agencies provide those services. Again, find out the cost of detox services ahead of time.

Tour your local facilities and see what the environment is like, get an idea of what the center offers in both amenities (comfort) and clinical treatment (effectiveness). Here is a great resource for how to find the right treatment center: NAATP Treatment center selection guide. Remember effective treatment may be offered at a facility outside of your immediate area.

There are solutions beyond involuntary treatment. An informal intervention by a neutral third party is one way to help ease a person into the realization that treatment is the best course of action. Formally structured interventions are another way to go. Making things difficult for the person suffering from addiction by strategically cutting off resources is another effective approach.

The Bottom Line

Casey’s law and other civil commitment tools are one avenue to pursue when it comes time to get your treatment-resistant loved help. However, there are other less cumbersome, less expensive and effective avenues which you may not have considered. The Ridge can help navigate these questions for you and also can provide the residential treatment your loved one may need when they are ready.

Sources:
http://caseyslaw.org/
https://drugfree.org/learn/drug-and-alcohol-news/many-states-allow-involuntary-commitment-addiction-treatment/
https://www.naatp.org/naatp-treatment-selection-guide
http://lawatlas.org/datasets/long-term-involuntary-commitment-laws

Ohio Governor Pushes For More Drug Courts & Focus On Treatment

Written by dev on . Posted in Addiction Treatment.

Ohio’s Governor, Mike DeWine, is working to address the drug problem in the state, and he is asking for the help of the court system, treatment professionals, residents, and other organizations to help him accomplish his goals. Governor DeWine recently created the RecoveryOhio initiative to improve how the state addresses mental health and substance use disorders, including better treatment options, prevention campaigns, advocacy, and support services. Residents are finding out just how the new initiative can benefit their friends and loved ones who are addicted to drugs, particularly those who have been convicted of drug crimes.

Governor Mike DeWine recently released his proposed budget for Ohio which includes asking for $7.5 million over two years to create 30 new drug courts in the Buckeye State. The proposal is Ohio’s latest in a series of moves to combat the opioid epidemic in a state that has seen more deaths and overdoses per capita than any other but West Virginia. The new courts would add to the current 150 drug courts already in the state. The proposal is the first major move from the governor’s desk against the crisis.

Does Ohio Have A Drug Epidemic?

When Governor DeWine created the RecoveryOhio Initiative in January of this year, he stated that “Ohio is facing the worst drug epidemic in my lifetime and is losing 13 or 14 people a day from accidental drug overdoses. Every county in Ohio and every city, town, and village – urban and rural – are affected. The human toll, the increased crime, and the economic and societal damages caused by this epidemic are devastating; and the cost consequences of this epidemic reach every part of Ohio’s communities: schools, jails, businesses, health care, foster care and more. One study indicates the cost of the drug epidemic is nearly 9 billion dollars a year in Ohio.”

Drug use is terrorizing the state of Ohio, and many of those who have been convicted of drug possession are users who are addicted to the substance. The Ohio Public Defender’s office states that:

  • 2,600 people in Ohio are currently in prison for drug possession
  • 1 in 8 people in Ohio prisons is there on a drug possession charge
  • 1,600 people are locked up for possessing drugs in amounts for personal use only

Better Access To Treatment In Ohio

The answers to Ohio’s drug problem are better prevention and treatment options, as well as more coordinated care for those struggling with addiction. One of the main areas Governor DeWine hopes to focus on is the criminal justice system. According to recommendations by the RecoveryOhio Advisory Council, courts should have more options to redirect individuals charged with drug-related crimes into treatment programs instead of sending them straight to prison. Based on recidivism rates and court data, those who simply spend time behind bars for drug crimes are much more likely to go back to using as soon as they are released. Those that get help in the form of addiction treatment programs, on the other hand, are better prepared to remain sober and stay clean even after their sentence is served.

In connection with the Governor’s Council, the Ohio House has passed House Bill 1, which would expand access to treatment programs for non-violent drug offenders rather than prison time. The Bill has experienced non-partisan support so far. “House Bill 1 gives these Ohioans a second chance to start over and have a real shot at reaching their fullest potential,” State Representative Stephanie Howse said during the discussion of the bill on the House floor. Ohio has recently put more emphasis on other addiction treatment programs such as the one bite program for impaired physicians.

Speaker Larry Householder agrees, “Our lawmakers have been working across the aisle to craft legislation that expands opportunities for all Ohioans,” said Householder. “This legislation is proof of that. I’m pleased that we will be able to help those overcoming addiction start a new life and become a productive member of society.” The bill is now headed to the Ohio Senate for further discussion and consideration.

Additional Drug Courts Mean More Opportunities For Treatment

In order to ensure better access to drug treatment, Governor DeWine plans to seek additional funding in the 2020-2021 budgets to create 30 new specialty drug courts throughout the state. “Specialty dockets give judges the flexibility necessary when they encounter someone in the court system who is may benefit more from treatment for substance use disorder rather than serving jail time,” DeWine said. “These specialty courts are a proven way to hold those with substance use disorder accountable and ensure participation in mental health and addiction treatment.”

RecoveryOhio Advisory Council

In addition to recommending the addition of drug courts, the Governor’s Council issued more than 70 recommendations in the areas of stigma, parity, workforce development, prevention, harm reduction, treatment and recovery supports, and data and outcomes measurement.

Recommendations put forth by the Governor’s RecoveryOhio Advisory Council:

  • Establish statewide prevention coordination with all state departments and agencies to ensure best practices, consistent messaging, technical assistance, and delivery of prevention services across multiple domains.
  • Commission a statewide campaign to address stigma against people with mental illness and substance use disorders.
  • Ensure that each patient’s needs and treatment recommendations are determined by a qualified clinical professional and promote insurance coverage of medically-necessary services identified by quality clinical care providers.
  • Review and create a comprehensive plan for safe, affordable, and quality housing that will meet the needs of individuals with mental health and substance use disorders and would include supported housing options, transitional housing, recovery housing, adult care facilities, and short-term stabilization options.

Drug Court In Ohio

“Far too many Ohioans have died and too many continue to struggle with mental health and substance use disorders. The recommendations, offered by the RecoveryOhio Advisory Council provide a framework for a new system of prevention, treatment, and support that we will work to implement,” said Governor DeWine. “Ohio should be a state that is a national model for prevention, offers top-notch treatment services, and supports recovery and well-being. Investing in streamlining and improving what we as a state are doing to prevent, treat, and encourage recovery, is truly an investment in Ohio’s future.” Drug rehab in ohio should be easily accessible and highly helpful for detox treatment.