What is the meaning of Section 35?
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.
What happens when a person is sectioned in Massachusetts?
Section 12(a) allows for an individual to be brought against his or her will to such a hospital for evaluation. Section 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.
How do you get someone committed in Massachusetts?
Individuals (such as family members) can ask the court to order an emergency mental health commitment, called Section 12 (e) or a commitment for treatment of alcohol or substance use disorder, called a Section 35, by speaking to a clerk in the court.
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.
Who can implement a Section 35 Section 37 or Section 38?
The Magistrates’ court can use this section if you’ve been convicted of a crime. The Crown Court can use this section at any time in your court case. Section 35 can only be used if you can be sent to prison for the offence you’ve been charged with. In hospital an Approved Clinician (AC) writes the report.
Can you be sectioned for addiction?
Under the MHA, they can be compulsorily detained in hospital for further assessment and treatment if necessary. You may wish to discuss the consequences of taking this action with other friends or family members first. For more information, see Mental Health Act and Sectioning.
Can a family member Section someone?
Yes. A family member called your nearest relative has certain legal rights related to your sectioning.
What is a 5150 in Massachusetts?
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.
Is there a Baker Act in Massachusetts?
Massachusetts is one of only six states without an AOT law. individuals deteriorate to the point that they pose a “likelihood of serious harm” to themselves or others. Many more experience employment, housing, health, family and other issues that reduce their quality of life and increase the demand for social services.
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.
How long can you be detained under section 35?
(7)An accused person shall not be remanded or further remanded under this section for more than 28 days at a time or for more than 12 weeks in all; and the court may at any time terminate the remand if it appears to the court that it is appropriate to do so.
