What is a Section 35 in Massachusetts?
Section 35 is a Massachusetts law that allows a qualified person to request a court order requiring someone to be civilly committed and treated involuntarily for an alcohol or substance use disorder.
How do you get section 35?
How does Section 35 work? A family member, police officer or health care provider asks a court to involuntarily commit someone to addiction treatment. A warrant may be issued for the individual, and police may bring the person to court for a hearing.
Who can file a Section 35?
Who may file a Section 35 petition? According to the statute, only a qualified petitioner may request the court to commit someone to treatment under Section 35 . They are: a spouse, blood relative, guardian, a police officer, physician, or court official. Petitions may be filed at a District or Juvenile Court.
Is there a Baker Act in Massachusetts?
Massachusetts is one of only six states without an AOT law . Massachusetts is one of only six states whose statutes do not provide for AOT as a less restrictive alternative to involuntary hospitalization for people with severe mental illness.
What happens when you section 35 someone?
It’s not a disease that confronts a certain group or demographic.” Section 35 is a Massachusetts General Law that allows a judge to “involuntarily commit someone whose alcohol or drug use puts themselves, or others, at risk.” The section allows families and/or the judge to choose a licensed treatment facility.
Can the police section someone?
Section 136 allows the police to take you to (or keep you at) a place of safety. They can do this without a warrant if: you appear to have a mental disorder, AND. you are in any place other than a house, flat or room where a person is living, or garden or garage that only one household has access to, AND.
When should you Section someone?
You should only be sectioned if: you need to be assessed or treated for your mental health problem. your health would be at risk of getting worse if you did not get treatment. your safety or someone else’s safety would be at risk if you did not get treatment.
What is a Section 12 in MA?
What is a Section 12 ? In Massachusetts, Section 12 of Chapter 123 of the Massachusetts General Laws controls the admission of an individual to a general or psychiatric hospital for psychiatric evaluation and, potentially, treatment.
What does it mean to section someone?
Being sectioned means being admitted to hospital whether or not you agree to it. The legal authority for your admission to hospital comes from the Mental Health Act rather than from your consent. This is usually because you are unable or unwilling to consent.
What is a Section 36?
About Section 36 Section 36 can be used by a Crown Court to send someone to hospital for treatment. A court may do this instead of remanding you in custody. You might also hear this called ‘being remanded to hospital’. If you are in custody for an offence punishable with imprisonment, then Section 36 may be used.
Who can implement a section 37?
The courts can use section 37 if: two doctors have assessed you. they think you need to be in hospital for treatment for a mental disorder. the court thinks a hospital order is the most appropriate option.
What happens when you 302 Someone?
Involuntary admission (also known as a “ 302 ”) to an acute inpatient psychiatric hospital occurs when the patient does not agree to hospitalization on a locked inpatient psychiatric unit, but a mental health professional evaluates the patient and believes that, as a result of mental illness, the patient is at risk of
What happens during a 72 hour psych hold?
If you are held beyond 72 hours , you have the right to remain in the hospital for voluntary treatment. If you do not want to stay voluntarily, the facility where you are staying will conduct a certification review hearing within four days of the end of your 72 – hour hold .
How long can a person be held in a mental hospital?
5150 is the number of the section of the Welfare and Institutions Code, which allows a person with a mental illness to be involuntarily detained for a 72-hour psychiatric hospitalization. A person on a 5150 can be held in the psychiatric hospital against their will for up to 72 hours .