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Law mandating treatment too flawed to be enforced

Last week, Butler County commissioners voted unanimously to opt out of new state legislation that would force some people with mental illnesses to be treated on an outpatient basis.

We agree with the commissioners’ decision. While the amendment to the state Mental Health Procedures Act that allows judges to rule that mentally ill individuals must get treatment on an outpatient basis sounds good on paper, it’s nearly impossible to enforce. If a person does not want to keep doctor’s appointments, attend counseling sessions or take prescribed medication, there is little that can be done to compel them to do so.

Currently, judges can only involuntarily commit people if they pose a clear and present danger to themselves or others — and only to an inpatient program.

Parents with children in need of help — whether it’s due to mental health issues, drug or alcohol addiction or eating disorders — know that it can be extremely difficult to force others to get help if they don’t recognize they have a problem or refuse assistance.

But parents with children who have these issues and are at least 18 years old know that trying to enforce treatment is an even greater challenge.

In other words, Butler’s commissioners were correct in their decision, especially considering that the state amendment comes without funding and would have a cost associated with it. Trying to enforce it would likely be fruitless.

So, what can be done? Some would argue that federal HIPAA (Health Insurance Portability and Accountability Act) laws are too strict and often constrain families from providing proper care to members in need by keeping them in the dark.

There’s often a misconception that people aren’t doing enough to get their loved ones help. People often see others who are struggling and make quick judgments on that person’s family members, but they don’t realize the hurdles involved in trying to assist someone who isn’t a minor and refuses help.

We believe that there needs to be better education for families with members who are in need of treatment. They need to be apprised of the rights they have as a parent, sibling, child or spouse of a person who needs help.

In a perfect world, troubled persons would willingly take part in outpatient services, or there would be laws that could be more easily enforced to compel them to do so.

But since we don’t live in a perfect world, being informed is key — and the state should prioritize educating residents on how they can help family members, rather than leaving them scrambling in the dark.

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