CHARLESTON, WV (LOOTPRESS) – A newly-introduced West Virginia bill would allow courts to order involuntary substance abuse treatment.
Delegate Elliott Pritt (R-Fayette) has introduced House Bill 4826, which would allow family members, friends, spouses or guardians to petition circuit court for 60-day or 360-day treatment orders, if the individual presents an imminent threat of danger to themselves or others and can reasonably benefit from treatment.
“I have introduced [this bill] for 3 years in a row now. This bill is modelled after Casey’s Law, which exists in Kentucky, and it has positively impacted people’s lives,” Pritt said.
The process would mirror mental health commitments. A petitioner files a verified petition in circuit court, guaranteeing payment for all treatment costs.
“Casey’s Law has literally saved people’s lives by getting them into treatment through a court ordered process, similar to a mental hygiene process. Family members could initiate the process on behalf of their loved one,” Pritt explained.
The respondent must be examined by two qualified health professionals within 24 hours, then appears before a court within 72 hours. The court must find “proof beyond a reasonable doubt” before ordering treatment.
For emergencies, courts can order immediate 72-hour hospitalization. Those ordered into treatment receive the same due process rights as involuntarily hospitalized mental patients, including legal representation and the right to challenge the order.
“Sometimes people are so far in addiction they aren’t capable of even making decisions. That is when this law becomes necessary,” Pritt said.
HB 4826 was introduced Monday and referred to the House Committee on Health and Human Resources and the House Committee on the Judiciary.
