In today's society, raising, disciplining, and educating children to be productive adults can be a more difficult task than ever before. While back in the day a parent could "beat" some common sense into their child, a parent engaging in similar activity today will likely end up in the criminal justice system.
Now, add to the equation the fact that drugs are more easily accessible and, consequently, drug use is more prevalent than ever before, parents are more likely to be faced with the challenge of educating children regarding the dangers of drug use and, unfortunately, combating drug dependency. Further, drug dependency and addiction are not a one-dimensional problem. From drug dependency and addiction, truancy and crime often follow.
So, how do parents deal with a child who is drug dependent? Discipline them? What if parental discipline is not enough? Kick the child out of the house and onto the street? Call the police? Do these options ultimately resolve or complicate the underlying problem?
A recent Pennsylvania Supreme Court decision may provide the answer or, at least, an alternative. In the recent decision, In the Interest of F.C. III, our Supreme Court upheld the constitutionality of a provision of Act 53, the Pennsylvania Drug and Alcohol Abuse Act, which allows parents or guardians of drug dependent minors to civilly petition for the minor's involuntary commitment into a drug and alcohol treatment facility. This decision and its remedy offer parents an opportunity to help a drug dependent child without implicating the criminal justice system. Essentially, parents can obtain the same treatment options that the juvenile criminal justice system would provide without the criminal consequences, which can be long term.
Under Act 53, a parent or guardian can file a petition with the court seeking commitment for involuntary drug treatment. Once the petition is filed, the court will appoint the minor-child an attorney and order the child to undergo a drug and alcohol evaluation. Following completion of the assessment, an informal hearing is held. Based on the testimony at the hearing, a judge will determine if and what treatment is appropriate, which may include inpatient services. Finally, in order to afford the child adequate protections of his/her civil liberties, review hearings are held until treatment has concluded.
For more information on this topic or otherwise, contact Attorney Shawn M. Curry of Colgan Marzzacco, LLC, at scurry@cmlaw1.com or call (800) 615-0115.