Rehab: Is this right?

[Rageaholic]

Are you sure the rehab wasn't court mandated? Was someone in the family in court with this guy to confirm it?

Yes, they were (it wasn't me though, thankfully).

[Rageaholic]

Just to clarify, the family member really is a family member. This isn't one of those "I have a friend" stories. I'm just very paranoid about what I post online and generally don't feel comfortable posting about other people. But this was such a weird case that I couldn't resist posting about it.

[wolfie]

In any case, people on probation have greatly restricted rights; you agree to searches of your person or home at any time and your PO has a lot of access and discretion in what he does in terms of violating his charges.

What happens in cases where a person on probation is sharing living quarters (whether they're married, living together, or just roommates)? I can imagine someone's roommate not even being consulted - so a search of the parolee's home is also a search of the roommate's home, which THEY didn't consent to.

[Jarlaxle]

^

Believe me, I'm aware that addicts are compulsive liars. But for the sake of discussion, lets assume it did happen this way (very likely considering he has close family backing him). What kind of place threatens to tell the probation officer, risking him being put in jail? They're supposed to help him, but feed him to the wolves.

Surest way I can think of to get someone to NOT seek the help they need.

[BlaqueKatt]

What happens in cases where a person on probation is sharing living quarters (whether they're married, living together, or just roommates)? I can imagine someone's roommate not even being consulted - so a search of the parolee's home is also a search of the roommate's home, which THEY didn't consent to.

they search the common areas, and anywhere the person on parole would have access to(meaning lock a non-shared living space)

it matters not whether the cotenant is the parolee or probationer's wife, live-in "significant other," or just some "drinking buddy."

from this which lists pertenant cases on the subject

[Panacea]

What happens in cases where a person on probation is sharing living quarters (whether they're married, living together, or just roommates)? I can imagine someone's roommate not even being consulted - so a search of the parolee's home is also a search of the roommate's home, which THEY didn't consent to.

As BlaqueKat points out, the issue has come up. There are exceptions to protect the rights of third parties.

Which wouldn't apply to this guy's rehab treatment records.

However, there are some protections of those records. Law enforcement can't mine his rehab records for evidence or clues in future prosecutions unless he makes his mental state an issue in court. For example, when I worked in corrections, a CO wanted information from the medical file of an inmate who had been released from the facility. The excuse was the Highway Patrol wanted medical information to get an idea on where the former inmate might be (he was on the run from the cops again). It was a fishing expedition; they knew he had medical problems but didn't have details.

I refused to release that information without a court order. HIPAA does have provisions that allow me to talk to cops without, but only when I actually know where the person is or when I am reporting a crime. Neither was applicable, and I'm not even sure the CO had talked to the cops. I suspected he wanted to look like a hero and come up with something they could use.

So your relative can be frank with his therapist on any subject except for whether or not he is actually still using. The therapist is likely drug testing him; that's part of the treatment. But if he were to talk about other criminal activity, that can't be reported unless there is an imminent danger to other people (ie he threatens to kill someone).

[Rageaholic]

So this cunt (and I don't use that word lightly) at the rehab place is holding him failing the test against him as blackmail. She's going to let it pass for now, but demands full compliance, and this includes going into this program that's run by two dickhead doctors (if reviews are anything to go by) who make Dr House look good. Considering he'll be off probation in just a few weeks (first time in a couple of years), this bitch better not pull anything or we'll get lawyers involved.

And no, he's not lying because other family members dealt with Ms Rehab Cunt and she basically said the same. All the bitch is doing is adding more flames to the fire.

I just hope that what she's doing is actually illegal and there are no loopholes or anything.

[s_stabeler]

not actually illegal, unless she's getting kickbacks from the doctors. Ethical? I'm not sure.

[Panacea]

So this cunt (and I don't use that word lightly) at the rehab place is holding him failing the test against him as blackmail. She's going to let it pass for now, but demands full compliance, and this includes going into this program that's run by two dickhead doctors (if reviews are anything to go by) who make Dr House look good. Considering he'll be off probation in just a few weeks (first time in a couple of years), this bitch better not pull anything or we'll get lawyers involved.

And no, he's not lying because other family members dealt with Ms Rehab Cunt and she basically said the same. All the bitch is doing is adding more flames to the fire.

I just hope that what she's doing is actually illegal and there are no loopholes or anything.

OR . . . she's cutting him a colossal break by not telling his PO and getting him sent to jail for the original DUI.

Look up the doctors with the Medical Board for discipline. If there is none, then I'd take the reviews with a grain of salt.

Bottom line is he is continuing to drink when he knows he is not supposed to. So I don't see the gal at the outpatient rehab as the villain here.

Rageholic: you are enabling this guy! He is NEVER going to stop drinking until you and the rest of your family stop!

[Kuari]

Okay, if the relative is not supposed to be drinking and is near the end of his parole but managed to run a hot piss test...that means he has violated the conditions of his parole. So, yes, the rehab person CAN contact the parole officer with this news. And, I might add, SHOULD.

Why?

Because the relative has violated the conditions of his parole. If he was not violating those conditions in the first place he wouldn't have had the hot piss test on that first day of out-patient rehab in the first place. You'd expect that if the relative has been living up to the conditions of his parole in the first place that he wouldn't be drinking in the days leading up to him going to rehab, voluntarily or not.

[Rageaholic]

OR . . . she's cutting him a colossal break by not telling his PO and getting him sent to jail for the original DUI.

Or she could just not tell anyone and keep it between doctor/patient, what she should do. Unless state laws have become more draconian on this, she shouldn't have any obligation to report this.

Rageholic: you are enabling this guy! He is NEVER going to stop drinking until you and the rest of your family stop!

So not approving of the abusive rehab practices is enabling now?

Okay, if the relative is not supposed to be drinking and is near the end of his parole but managed to run a hot piss test...that means he has violated the conditions of his parole. So, yes, the rehab person CAN contact the parole officer with this news. And, I might add, SHOULD.

Why?

Because the relative has violated the conditions of his parole. If he was not violating those conditions in the first place he wouldn't have had the hot piss test on that first day of out-patient rehab in the first place. You'd expect that if the relative has been living up to the conditions of his parole in the first place that he wouldn't be drinking in the days leading up to him going to rehab, voluntarily or not.

That's punitive and counter productive. He's trying to get alcohol out of his life and took a step toward recovery. He had a slip up, but from what I know of addiction, that's common with alcoholics.

[Panacea]

Or she could just not tell anyone and keep it between doctor/patient, what she should do. Unless state laws have become more draconian on this, she shouldn't have any obligation to report this.

She actually has every obligation to report this if he's on probation and one of the conditions of his probation is that he not drink. You are misunderstanding how the confidentiality laws work.

So not approving of the abusive rehab practices is enabling now?

I haven't seen anything abusive. You're swallowing his story whole cloth. Drunks LIE. They lie, lie, lie like a dog.

That's punitive and counter productive. He's trying to get alcohol out of his life and took a step toward recovery. He had a slip up, but from what I know of addiction, that's common with alcoholics.

Relapses are common. But he's continuing to make excuses, which after nearly 2 years of probation (if I understood your previous post correctly) tells me he's made ZERO progress in recovery. This isn't a slip up. This is a pattern of behavior.

As Dr. Phil says, "The best predictor of future behavior is past behavior." If he's not taking accountability and blaming his therapist for all his ills, his past behavior has NOT changed.

Unless he makes a serious effort to change, and stops calling his therapist "abusive", then he's going to keep drinking. Worse, he's going to drink and drive again.

And next time he does, he could kill someone. Is that what you want to see happen?

[Rageaholic]

I haven't seen anything abusive. You're swallowing his story whole cloth. Drunks LIE. They lie, lie, lie like a dog.

And again. This shit really happened and the bitch actually threatened another family member. If it was just his word, I wouldn't believe it, but as I said many times, it's not just his word.

I... give up... I don't see how anyone can not see how wrong this is.

[HYHYBT]

That's punitive and counter productive.

I don't know whether it's counterproductive or not, but it's SUPPOSED to be punitive.

[Panacea]

And again. This shit really happened and the bitch actually threatened another family member. If it was just his word, I wouldn't believe it, but as I said many times, it's not just his word.

I... give up... I don't see how anyone can not see how wrong this is.

Maybe because your story keeps changing. You never mentioned a threat to another family member in your previous posts.

My interpretation, however, has been quite consistent. Drunks lie. Their families enable. And that's what I see.

Well, the train wreck is going to happen, you're going to blame the rehab and the state and sooner or later this guy is going to get in a car drunk and hurt someone.

Wonder who you'll blame then?