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Massachusetts Petition for Commitment of Alcoholic or Substance Abuser
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FAQ
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.
Section 12 is a transportation order to a hospital. Once the patient arrives at the hospital he/she must be evaluated by a physician (psychiatrist) to determine if he/she needs to be involuntarily committed for no more than 72 hours. Only the physician can make the commitment determination.
The warrant is valid for up to five consecutive days, excluding Saturdays, Sundays, and legal holidays, or until the person appears in court, whichever occurs first. Once the person is at the court, they have the right to be represented by an attorney.
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.
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.
Massachusetts General Laws Chapter 123, sec 35 permits the courts to involuntarily commit someone who has an alcohol or substance use disorder and there is a likelihood of serious harm as a result of his/her alcohol or substance use.
Mary D'Eramo of the Norwell Chapter of Learn to Cope, a peer-led support group for families dealing with addiction and recovery, explained that the law, often referred to simply as Section 35, is a civil commitment to treatment, not a criminal complaint, and does not go on a person's record.
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.