How the law can intervene to help addicts

It is heartbreaking to see a loved one’s life being destroyed by drugs or alcohol.

The emotional turmoil can be increased when the person refuses to admit that they have an addiction.

“This can leave you feeling powerless and uncertain of how to help them,” said Ms Lizette Treurnich, a social worker at the Wedge Gardens Treatment Centre.

“Drug and alcohol use presents a serious social problem for most countries. It leaves extensive damage through its impact on family, social, financial and legal areas of life,” said Ms Treurnich.

She said substance abusers are one of the most difficult populations to get into treatment, retain in treatment, and after treatment, to attain stable recovery.

“There are three ways for drug and alcohol abusers to enter into treatment, namely voluntary, involuntary and coercion.

She explained the differences between the three:

1. Voluntary admission remains the best way and the success rate increases because the users acknowledge that they have a problem. They admit they cannot address it themselves and need professional help. Their readiness to start a therapeutic relationship is more mature.

2. During involuntary treatment, the Prevention of and Treatment for Substance Abuse Act No 70 of 2008 comes into play. According to the Act, a sworn statement must be submitted to a public prosecutor (in the area of jurisdiction where the substance abuser lives) by a social worker, community leader or person closely associated with the person abusing drugs or alcohol. The following guidelines are used to determine if such a person is a candidate for involuntary treatment:

– If the person is a danger to him or herself, or to the immediate environment, or causes a major public health risk.

– In any other matter does harm to his or her own welfare, or the welfare of his or her family and others.

– Commits a criminal act to sustain his or her dependence.

If, at the end of the proceedings, the magistrate is convinced that it would be in the best interests of the person, his or her family, or the community for the abuser to undergo treatment, an order will be issued for the person to be admitted into a treatment centre for a period not exceeding 12 months.

3. “Coercion as an entry for treatment remains controversial,” said Ms Treurnich. “The well-documented relationship between substance use and crime has contributed to an increased popularity and willingness to utilise more forceful means to pressure substance users into treatment, such as legal coercion. On the one side of the debate, is the issue of personal autonomy and on the other side, the duty of the state to insist on intervention due to the negative consequences of addiction,” she said.

Coerced treatment refers to substance users being given the choice between entering treatment for their drug or alcohol problem, or facing legal sanction such as imprisonment.

“If these guidelines apply to the person concerned, a social worker will be asked to compile a report of the social circumstances of the person. The substance abuser will appear in court and may obtain legal representation. Witnesses on both sides may be called and cross-examined. The magistrate may also ask for the substance abuser to be examined or evaluated by a medical practitioner, psychologist or psychiatrist and furnish the court with a report on their findings in the matter,” said Ms Treurnich.

“Every case must be evaluated and dealt with individually. What works for one person may not work for another,” said Ms Treurnich.

“It is best to talk to a professional counsellor to get advice on the best way forward.”

For more information, contact Wedge Gardens on 011 430 0320.

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