ACT 53 Information for Allegheny County, PA Posted by:Ken Sutton--Thursday, December 21, 2006

ACT 53 – The Short Version. You can use the legal system to force your child into a drug and alcohol treatment program without it resulting in a criminal record for your child. More details follow but it is fairly easy to do and trained professionals will support you in the process. To get the process started call 412-350-3952.

This is the official overview of the ACT 53 process. More information can be found here.
History
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.


ACT 53 Overview



ACT 53 is a groundbreaking law in the state of Pennsylvania. Previous to the enactment of ACT 53 in 1998, there was no method for parents to convince teenagers to receive help for drug and alcohol problems, unless the teens were willing to attend treatment. ACT 53 has bridged this "gap" in our systems and is providing treatment services to many teenagers who would have previously fallen through the proverbial crack.

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.

Criteria
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.

Procedure
The ACT 53 process is completed within four to six weeks. First, the parent(s) should contact the ACT 53 office and discuss their situation with a case manager. Second, 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 court 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.

Third, 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 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.