Last updated:December 6, 2007

Allegheny County has multiple systems in place to offer help and guidance to teens, their families and friends. The health and welfare of children and teens has always been a top priority in Allegheny County. The implementation of ACT 53 in 1998 was a new way to offer help to parents of teens who are struggling with drug and alcohol problems. ACT 53 of 1997 addresses the involuntary commitment of minors into drug and alcohol treatment against their will.

Each county was assigned the task of setting up its own policy and procedures to implement ACT 53. Allegheny County established a very successful ACT 53 procedure due to an excellent collaboration between Allegheny County Juvenile Court and Allegheny County Department of Human Services, Drug and Alcohol Services Unit. If a parent/legal guardian feels that their child has a drug or alcohol problem, and the child is unwilling to participate in a treatment program, the parent/legal guardian is to contact the County Drug and Alcohol Services Unit. The parent/legal guardian must be a resident of Allegheny County and the child must be between the ages of 12 and 17. An adolescent care manager will screen the case for its appropriateness and then guide the parent/legal guardian through the ACT 53 process.

The ACT 53 process takes anywhere from two weeks to four weeks to complete. The parent/legal guardian will be responsible to attend two court hearings. The first one will be to petition the judge to hear their case and the second court hearing will be the presentation of the parents' case and the placement decision for the minor. A drug and alcohol professional before the second hearing will complete a comprehensive assessment. The assessment, the parents/legal guardian's case, and the child's "Side of the story" will all be presented to the rotor at the second hearing. The child will be assigned legal representation by the court. The parents/legal guardians are permitted to have legal representation, but the law does not require it. The judge will hear both sides of the case, and the drug and alcohol assessment and recommendation. He/She will render a decision for treatment or not based on the evidence presented to the court.

If the child is found in need of treatment, a court order will be written and arrangements will be made for the child's treatment to begin as soon as possible. The law states that the parent/legal guardian is financially responsible to find funding for this child's treatment, whether it is public or private funds. The court accepts no financial liability or custody for this child.

The success of this program is evident in three unique areas. First, we are able to offer treatment services to teenagers who are unable or unwilling to ask for help. Second, the majority of these teens are headed for "the system", becoming either delinquent or dependent. Using the ACT 53 process allows parents and professionals to help these kids before they reach that point. Third, Allegheny County has implemented one of the only successful ACT 53 processes in the state of Pennsylvania. The staffs involved are very committed to the process and the goals with which it was put into place. The parental relief found when they know their children are safe in treatment and the success of the teens themselves reflect why this law was enacted, why it is important, and why we must continue to support its processes.

If you would like more information concerning the ACT 53 law, policies or procedures, please contact the Allegheny County Drug and Alcohol Services Unit at 412-350-3952.

MAJOR PROVISIONS

• Amends the Pennsylvania Drug and Alcohol Abuse Control Act to create a new 12.1 "Commitment of minors."
• Provides that a parent or legal guardian who has legal or physical custody of a minor may petition the court of common please for commitment of the minor to involuntary drug and alcohol treatment services, including inpatient services, if the minor is incapable of accepting or unwilling to accept voluntary treatment.
• The petition shall set forth sufficient facts and good reason for the commitment.
• Such matters shall be heard by the division or a judge of the court assigned to conduct proceedings under 42 Pa.C.S, Ch.63 (relating to juvenile matters), involving children who have been alleged to be dependent or delinquent.
• Upon petition, the court shall:
  1. Appoint counsel for the minor.
  2. Order a minor who is alleged to have a dependency on drugs or alcohol to undergo a drug and alcohol assessment performed by a psychiatrist, a licensed psychologist with specific training in drug and alcohol assessment or a certified addiction counselor.
• Such assessments shall include a recommended level of care and length of treatment.
• Assessments completed by certified addiction counselors shall be based on the Department of Health approved drug and alcohol level of care criteria and shall be reviewed by a case manager and supervisor in a single county authority.
• The court shall hear the testimony of the persons performing the assessment at the hearing on the petition for involuntary commitment.
• Based on the assessment, the court may order the minor committed to involuntary drug and alcohol treatment, including inpatient services, for up to +5 days if all of the following apply:
  1. The court finds by clear and convincing evidence that:
     1. The minor is a drug-dependent person; and
     2. The minor is incapable of accepting or unwilling to accept voluntary treatment services.
  2. The court finds that the minor will benefit from involuntary treatment services.
  3. Where the court decision is inconsistent with the level of care and length of treatment recommended by the assessment, the court shall set forth in its order a statement of facts and reasons for its disposition.
• A minor ordered to undergo such court ordered involuntary treatment shall remain under the treatment designated by the court for a period of 45 days unless sooner discharged.
• Prior to the end of the 45 day period, the court shall conduct a review hearing for the purpose of determining whether further treatment is necessary.
• If the court determines that further treatment is needed, the court may order the minor recommitted to services for an additional period of treatment not to exceed 45 days unless sooner discharged.
• The court may continue the minor in treatment for successive 45 day periods pursuant to determinations that the minor will benefit from services for an additional 45 days.
• Unless the court finds that the parent or legal guardian is without financial resources, the parent or legal guardian shall be obligated for all of the following:
  1. Court costs
  2. Counsel fees for the minor
  3. The costs of assessment and treatment service's
• The Act provides that nothing therein shall relieve, restrict or expand the obligations of any insurer, health maintenance organization, third-party administrators, hospital plan corporation or health services plan corporation doing business in this Commonwealth with respect to the coverage of drug and alcohol benefits.

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