ACT 53

ACT 53 – Involuntary Commitment of Minors for Drug and Alcohol Treatment 

Act 53 is a law in the state of Pennsylvania. In 1997 Pennsylvania legislators realized a "gap" in our court system regarding the drug and alcohol treatment for addicted teenagers who have not been declared either delinquent or dependent through Juvenile Court.

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 provides parents with an opportunity to do something to help their teenagers obtain treatment.

Act 53 has bridged this gap in our systems and provides treatment services to many adolescents who would have previously fallen through the proverbial crack. Act 53 of 1997 addresses the involuntary commitment of minors into drug and alcohol treatment against their will and offers parents an alternative to delinquency or dependency for adolescents.

Each county was assigned the task of setting up its own policy and procedures to implement Act 53. If a parent/legal guardian feels that their adolescent has a drug or alcohol problem, and the adolescent is unwilling to participate in a treatment program, the parent/legal guardian is to contact The Council of Southeast Pennsylvania, Inc.

The parent/legal guardian must be a resident of Bucks County and the adolescent must be between the ages of 12 and 18 years. The Council will screen the case for its appropriateness and then guide the parent/legal guardian through the Act 53 process.  Before any formal action would be taken by parents in “petitioning the court” for any treatment, discussion centered on involvement via a voluntary basis through family resources or by a referral through either of two resources, the Student Assistance Program in the respective school the adolescent would be enrolled in or to begin the process for intervention. 

The Act 53 process may take anywhere from two weeks to four weeks to complete. The parents/legal guardians 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 adolescent. The adolescent 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.

Before the second hearing, a drug and alcohol professional from The Council of Southeast Pennsylvania, Inc. will complete a comprehensive assessment. The assessment, the parents/legal guardian's case, and the adolescent's "side of the story" will all be presented to the court at the second hearing. 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 adolescent is found in need of treatment, a court order will be written and arrangements will be made for the adolescent's treatment to begin as soon as possible. The law states that the parent/legal guardian is financially responsible to find funding for the adolescent's treatment, whether it be public or private funds. The court accepts no financial liability or custody for the adolescent.

The Act 53 procedure is the product of collaboration between Bucks County Juvenile Court, Bucks County Juvenile Probation, Bucks County Children and Youth, and The Council of Southeast Pennsylvania, Inc.

For additional information please contact Melissa Groden 215-230-8218 ext 3818 or mgroden@councilsepa.org

Information/Advocacy Line: 1-800-221-6333