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.
How do you involuntarily commit someone 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 petition a section 35 in Massachusetts?
Who can ask for a Section 35?
- Blood relatives.
- Spouses.
- Police officers.
- Court officials.
- Physicians.
- Guardians.
What happens when a person is sectioned in Massachusetts?
The section allows families and/or the judge to choose a licensed treatment facility. If no beds are available, the individual might be sent to a separate unit at the correctional facility at Bridgewater for men or Framingham for women.Apr 11, 2014
How long does a Section 35 last in Massachusetts?
90 days
If serious risk or harm is established, the judge can send that person to addiction treatment for up to 90 days.Jul 1, 2019
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.
What is a Section 21 Massachusetts?
Section 21. Any person who transports a person with a mental illness to or from a facility for any purpose authorized under this chapter shall not use any restraint that is unnecessary for the safety of the person being transported or other persons likely to come in contact with the person.
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.
Is there a Baker Act in Massachusetts?
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.
Who pays for involuntary commitment?
Payments for involuntary care may come from various sources, including public programs, private insurance, charity programs, and out-of-pocket spending.Dec 1, 2020
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.
What is a section 35 notice?
Part 3 of the Anti-social Behaviour, Crime and Policing Act 2014 provides the police with powers to dispense individuals in order to remove or reduce the likelihood of members of the public becoming “harassed, alarmed or distressed” or “the occurrence of crime or disorder” in a particular area.
What is IPC 35?
—Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or ...