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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4785
Experience:  Experienced in both state and federal court.
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My 30 year old son kicked heroin addiction for 6 months and

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My 30 year old son kicked heroin addiction for 6 months and I just learned he may have relapsed. He has refused all contact with me. I am afraid he is killing himself. I don't know what to do

TexLawyer :

Good evening. I'll be assisting you with your question.


 

TexLawyer :

What state is he in?


 

Customer:

he is currently in New Orleans. I live in Washington state.

TexLawyer :

OK. Let me look something up.


 

TexLawyer :

Take a look at the statute below:

TexLawyer :

RS § 28:52.4 - Admission by relative




A. A person suffering from substance abuse may be admitted and detained at a public or private general hospital or a substance abuse in-patient facility for observation, diagnosis, and treatment for a period not to exceed twenty-eight days, when a parent, spouse, or the major child of the person if that child has attained the age of 18 years has admitted the person or caused him to be admitted pursuant to the provisions of R.S. 28:53.2.

B. At the time of admission of the person, the parent, spouse, or the major child of the person if that child has attained the age of 18 years shall execute or provide a written statement of facts, including personal observations, leading to the conclusion that the person is suffering from substance abuse and is dangerous to himself or others or is gravely disabled, specifically describing any dangerous acts or threats, and stating that the person has been encouraged to seek treatment but is unwilling to be evaluated on a voluntary basis.

C. As soon as practicable, but in no event more than twelve hours after admission to the hospital or in-patient facility, a physician shall examine the person and either execute an emergency certificate in accordance with R.S. 28:53(B) or order the person discharged. If an emergency certificate is executed, the physician or the director of the hospital or in-patient facility shall immediately notify the coroner, and the coroner or his deputy shall conduct an independent examination, in accordance with R.S. 28:53(G). If the coroner or his deputy executes a second emergency certificate, the person may be detained for treatment for a period not to exceed twenty-eight days from the date of his admission. Otherwise, he shall be discharged.

D. Except as inconsistent with the provisions of this Section, all other provisions of this Part applicable to persons admitted by emergency certificate shall be applicable to persons admitted pursuant to this Section.
TexLawyer :

Basically, under RS 28:53.2, a person can be taken into custody if they are suffering from a mental disease or from drug addiction.


 

Customer:

thank you.

TexLawyer :

Glad to help. You should consider hiring a lawyer in N.O. to assist you with an involuntary commitment.

TexLawyer :

Can I help you with anything else?


 

Customer:

Since I don't have proof he has relapsed, since he refuses to stay in contact, I don't think involuntary committment is the answer. He doesn't return messages or letters I have mailed to him for the past 30 days. Prior to that when I BELIEVE he was clean, he would call me once per week to say how great he's doing. Now all contact has been lost.

TexLawyer :

If you had to, and you have the money, you can hire a private investigator.


 

Customer:

ok. thank you.

TexLawyer :

Does that answer your question?


 

Customer:

no. I am one step out the door from being homeless so hiring a private investigator is not an option...thank you.

TexLawyer :

I don't know what to tell you otherwise. If you don't have some proof he's relapsed and he doesn't want contact with you, there isn't much else you can do.


 

Customer:

thank u.

TexLawyer :

Glad to help. If there isn't anything else I can do for you, please remember to "rate" my answer. Good luck.


 

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