How do you get someone involuntarily committed in Massachusetts?
The petitioner must go to the local court and file a written petition or affidavit for an order of commitment. Petitions may be filed at any District or Juvenile Court, regardless of home residence of the person being petitioned.
Who can file a Section 35 in Massachusetts?
qualified petitionerWho 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.
Does Massachusetts have the Baker Act?
Massachusetts is one of only three states that do not authorize involuntary treatment in the community, often called assisted outpatient treatment (AOT)". You can find the Massachusetts civil commitment law, here.
How long is a section 35 in Massachusetts?
about three weeks-- The average length of a Section 35 commitment in the 2017 fiscal year was about three weeks. -- Almost half of those committed under Section 35 had reported a history of using mental health medication in the year before their commitment.Jul 1, 2019
What is the criteria for sectioning 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 Massachusetts?
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.
How long is a psychiatric hold in Massachusetts?
three business daysSection 12(b) allows for an individual to be admitted to a psychiatric unit for up to three business days against the individual's will or without the individual's consent.
Can I get a family member sectioned?
Yes. A family member called your nearest relative has certain legal rights related to your sectioning.
What is a Section 21 in Massachusetts?
Section 21. Any person who transports a mentally ill person to or from a facility for any purpose authorized under this chapter shall not use any restraint which is unnecessary for the safety of the person being transported or other persons likely to come in contact with him.
What is a Section 3 mental health?
Section 3 allows for a person to be admitted to hospital for treatment if their mental disorder is of a nature and/or degree that requires treatment in hospital. In addition, it must be necessary for their health, their safety or for the protection of other people that they receive treatment in hospital.
What are the consequences of being sectioned?
What happens when you're sectioned? In most cases, you will be admitted to hospital very soon after your assessment (for most sections, it legally needs to be within 14 days). This will normally be by ambulance. Once there, you will have your rights explained to you and will be given a copy to keep.Jan 12, 2021
What is a Section 36?
Overview. The Mental Health Act 1983 is the law that mental health professionals use to detain you in hospital for assessment and treatment. This is also known as being 'sectioned'. The Crown Court can use section 36 of the Act if they think you should be in hospital for treatment for a mental disorder.