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? asked in Politics & GovernmentLaw & Ethics · 5 years ago

Why doesn't Family Court order a confirmed addict the ultimatum for rehab or jail to save the addict's life?

My daughter lost permanent custody of her children through Family Court. My daughter was given a mandated drug test which showed very high levels of (crystal) methamphetamines, amphetamines and marijuana. Why didn't the Family Court and/or her defense attorney provide a Court Ordered ultimatum stating my daughter must either enter rehab or go to jail to save her life? As her mother my hands are tied. I'm told that my adult daughter must enter rehab voluntarily and there's no chance of that.

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  • 5 years ago

    The legal reason is that they are the wrong court. Family court only handles matters that involve children, marriage, or divorce. Anything else has to go to another court.

    The practical reason is that it won't save the addict's life. Rehab only works if it is voluntary. If someone is forced to go to rehab, then it might keep them alive while they are in rehab, but that just delays their death by a month or so. They will still die after rehab. The only way that rehab can save an addicts life is if they are kept out of rehab until they are willing to go voluntarily.

  • justa
    Lv 7
    5 years ago

    The court isn't a substitute for the family. They don't issue ultimatums. And there are drugs in jail. Since your daughter is an adult you can't make her do what she needs to do, if she's lost permanent custody that would mean she's been this route before.

    We all have children who do what they want to do, sometimes it's good, more often it's not. We can never make someone want to give up drugs they have to want to give it up themselves or the rehab is a waste of resources. That's what they're trying to tell you.

  • 5 years ago

    The only way Family court would have jurisdiction to do so, would be if your daughter was under 18, and its pretty obvious she isn't. Its not against the law to be addicted.

    But Mom ... there is another court that can put her in jail or court order her to rehab, adult criminal court. So if you believe this will save her life, you could try to have her criminally charged for a drug related charge the next time you see her in possession of drugs.

  • 5 years ago

    Family Court is not about your daughter, but her children. Such an order would violate the court's charter and authority.

    Now, if your daughter is arrested for drugs [and convicted], then the regular court can, and probably will, sentence her to rehab. And if she doesn't go, then she gets jail rehab -- meaning cold turkey withdrawal in the cells.

    Source(s): grampa
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  • Judith
    Lv 7
    5 years ago

    Maybe she wasn't taught that actions have consequences and that a person is responsible for their own life. Maybe because the court knows that court-ordered rehab is unsuccessful and a waste of taxpayer dollars. But most of all maybe it's because that isn't the concern of family court whose business it is to watch out for children.

    Your grandchildren weren't suddenly removed from her care - she had warnings. Your daughter had choices and being threatened with the loss of her own children apparently wasn't reason enough for her to decide to straighten herself up. So why would you even think that court-ordered rehab would do any good?

  • 5 years ago

    Family court doe not have the jurisdiction to send a bio-parent to jail or rehab for drug use, the court can require her to go into rehab as a condition to getting visitation

  • 5 years ago

    Because it would just be a waste of resources if your daughter doesn't want to get clean, it won't help, and she'll be taking up a space that someone who does want to get clean could use. Look up tough love, your daughter will have to want to stop this, you can't help her until she does.

  • Anonymous
    5 years ago

    Unfortunately sometimes a person must hit rock bottom before they accept help. It's down to the old saying "you can lead a horse to water but you can't make him drink".

  • Anonymous
    5 years ago

    They cannot hold her against her will. That would be false imprisonment. If they did send her there, she could just walk out. She needs to save her own life. Nobody can force it on her. If she did not do something that would land her in jail, then they cannot put her in jail either. That would be violating her rights. Do you think the state wants to be sued for violating her rights? She can admit herself or you can have her admitted but, you are not cured of high levels of meth. She can get it out of her system but, her brain will always be affected. She destroyed her brain. If you have another child, devote your energy to that one - someone that has potential.

  • Anonymous
    5 years ago

    Because you cannot force an addict to get clean. They have to want it for themselves.

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