The Massachusetts Petition For Commitment For Alcohol Or Substance Use Disorder is a legal document submitted to the Probate and Family Court in the Commonwealth of Massachusetts. It is used to initiate a process to have a person with an alcohol or substance use disorder involuntarily committed to treatment. The Petitioner must demonstrate that the individual is in need of involuntary commitment for treatment. There are two types of Massachusetts Petition For Commitment For Alcohol or Substance Use Disorder: an Emergency Petition and a Regular Petition. The Emergency Petition is used when the person is in danger of causing harm to themselves or others, or if the individual is unable to care for themselves. The Regular Petition is used when the person is unable to provide for their own safety or recovery, and is likely to suffer serious harm if not treated. The Petitioner must provide information about the individual's mental and physical condition, past treatment efforts, and the individual's current living situation. The Court will then hold a hearing to determine if the individual is in need of involuntary commitment. If the Court finds that the individual is in need of involuntary commitment, the Court can order the individual to be committed to a treatment facility for a period of up to 90 days.
Massachusetts Petition For Commitment For Alcohol Or Substance Use Disorder
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FAQ
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.
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.
Warrant of apprehension ? If the judge issues a warrant of apprehension, the warrant is sent to the local police. The police will try to arrest the respondent at the address you give them.
Can I have someone committed? Only a qualified petitioner may request the court to commit someone to treatment under Section 35. The petitioner must go to the local court and file a written petition or affidavit for an order of commitment.
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.
The only people who can petition, called the petitioner, to have someone involuntarily committed for alcohol or substance abuse treatment are: Blood relatives. Spouses. Police officers.
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.