Massachusetts Law
Section 35, and Section 12 or Pink Paper Massachusetts are statutes that provide for involuntary hospital assessments in the State of Massachusetts.
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Section 12 Massachusetts or Pink Paper Massachusetts
House Bill 4681, An Act to Improve Emergency Access to Mental Health Services is an order to transport to a hospital an individual believed to meet the criteria for civil commitment. The Pink Paper Massachusetts orders a mentally ill individual to be restrained and taken to a hospital in the belief that failure to hospitalize would create a likelihood of serious harm by reason of mental illness as evidenced by suicidality, homicidality, and/or markedly impaired judgment due to symptoms of mental illness to such an extent that the person is unable to care/protect self. Upon arrival at the hospital, the patient must be evaluated by an appropriate medical professional to determine if involuntarily commitment for a period of 72 hours is required.
Section 35 Massachusetts
“Alcoholic” shall mean a person who chronically or habitually consumes alcoholic beverages to the extent that
Any police officer, physician, spouse, blood relative, guardian, or court official may petition in writing any district court or any division of the juvenile court department for an order of commitment of a person whom he has reason to believe is an alcoholic or substance abuser.Upon receipt of a petition for an order of commitment of a person and any sworn statements the court may request from the petitioner,the court shall immediately schedule a hearing on the petition and shall cause a summons and a copy of the application to be served upon the person in the manner provided by section twenty-five of chapter two hundred and seventy-six.
In the event of the person’s failure to appear at the time summoned, the court may issue a warrant for the person’s arrest. Upon presentation of such a petition, if there are reasonable grounds to believe that such person will not appear and that any further delay in the proceedings would present an immediate danger to the physical well-being of the respondent, said court may issue a warrant for the apprehension and appearance of such person before it. No arrest shall be made on such warrant unless the person may be presented immediately before a judge of the district court. The person shall have the right to be represented by legal counsel and may present independent expert or other testimony.
If the court finds the person indigent, it shall immediately appoint counsel. The court shall order examination by a qualified physician or a qualified psychologist.
Section 35 Massachusetts is in place to provide for court-ordered involuntary assessment and stabilization. The statute can be a very effective legal mechanism to initiate the recovery process for people battling severe symptoms of mental illness. Nevertheless, careful planning with a unified, caring, and comprehensive approach can significantly increase the prognosis for long-term recovery.
Although we do not provide legal advice, we do offer a variety of professional intervention services to help support the recovery process for all impacted by symptoms of mental illness, substance abuse, and eating disorders. We proudly serve communities throughout greater Boston, Medford, Braintree, Somerville, Woburn, Marlborough, Waltham, Brookline, and Newton. You are encouraged to call us now for a confidential consultation at (561) 971-9779.