Mental health crises can be challenging, especially when a loved one refuses treatment. In Massachusetts, Section 35 provides a legal way to commit someone involuntarily for treatment if they pose a risk to themselves or others. Understanding the process, eligibility, and consequences can help families and caregivers make informed decisions.
This article will explain how to section someone for mental health in Massachusetts, including the legal steps, necessary criteria, and available treatment options. If you struggle to find the right solution, this guide will provide clarity and direction.
What Is Section 35 In Massachusetts?
Sometimes, people struggling with addiction refuse help, even when they are in danger. That’s where Section 35 comes in. It is a state law that allows courts to order involuntary commitment for individuals suffering from substance use disorders. The goal is not to punish them but to provide treatment and rehabilitation so they can recover.
This law is only used when a person’s addiction makes them a danger to themselves or others. A judge reviews the case carefully before making a decision. While the process can be tough for families, it can also save lives by ensuring the person gets the care they need.
Difference Between Section 12 And Section 35 – Key Legal Differences!
| Aspect | Section 12 (Mental Health) | Section 35 (Substance Use Disorders) |
| Purpose | Involuntary psychiatric hospitalization | Involuntary commitment to substance use disorders |
| Criteria | Risk of serious harm to self or others due to mental illness | Risk of harm due to alcohol or substance use disorder |
| Duration | Up to 72 hours (can be extended) | Up to 90 days (can be shortened) |
| Who Can Petition? | Doctors, psychologists, psychiatric nurses, police officers | Family members, police, doctors, court officials |
Key Features of Section 35 – How It Works!
When someone is struggling with addiction and refuses help, Section 35 provides a legal way to ensure their safety. Here are some important points about this law:
- Covers Alcohol and Substance Use Disorders – This law applies to individuals suffering from alcohol or drug addiction. It is used when their addiction puts them or others in danger. The goal is to provide proper treatment and help them recover in a safe environment.
- Only Certain People Can File a Petition – Not everyone can request a court order under Section 35. Only family members, police officers, doctors, or legal guardians can file a petition. This ensures that only responsible individuals take action to help the person in need.
- Requires a Court Hearing – Once a petition is filed, a judge reviews the case. The person struggling with addiction gets a chance to speak in court. The judge carefully examines all details before deciding whether they need to be committed to treatment against their will.
- Includes a Medical Evaluation – Before making a final decision, the court requires a medical assessment. Health professionals check the individual’s condition to determine the severity of their addiction. This step ensures that commitment is necessary and that the person receives the right kind of care.
- Focuses on Treatment, Not Punishment – Section 35 is not about punishing the person but about helping them. The main goal is to provide medical care, therapy, and rehabilitation. The law ensures they get professional help in a treatment center instead of facing criminal charges or jail time.
This law is meant to protect lives and provide hope for those struggling with addiction.
Who Can Request A Section 35 Commitment?
When a person is struggling with addiction and refuses help, only certain people can take legal action under Section 35. Family members, such as a spouse, parent, or guardian, can file a petition. Police officers, physicians, and court officials also have the authority to request commitment. These individuals must submit a written petition in a Massachusetts District or Juvenile Court. The court then reviews the case to determine if the person needs treatment.
This process ensures that only responsible people make these important decisions. Additionally, the court considers medical evaluations and testimony before making a final ruling. This step helps protect the rights of the individual while ensuring they get the care they need. In the end, Section 35 is meant to provide a chance for recovery, not punishment.
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Who Can Request A Section 12 Commitment?
If you are worried about someone’s mental health and believe they need urgent help, it is important to know who can take action. In Massachusetts, only certain professionals can file a Section 12 petition. These include licensed doctors, psychologists, psychiatric nurses, social workers, and police officers in emergencies.
Unfortunately, family members, friends, or guardians cannot directly request a Section 12. However, they can reach out to a qualified professional who will assess the situation and decide if an involuntary commitment is necessary. This process ensures that individuals receive the right care. If you are unsure, contacting a mental health professional can help. Acting quickly can make a big difference in someone’s well-being.
When Can Someone Be Sectioned Under Section 12?
When someone is struggling with a severe mental health crisis, certain conditions must be met for them to be sectioned under Section 12.
- Threats or Attempts of Suicide – If a person shows signs of self-harm, talks about suicide, or is in extreme emotional distress, they may need urgent intervention. Getting help quickly can prevent a tragic outcome and ensure their safety.
- Violent or Homicidal Behavior – When mental illness causes someone to act aggressively or threaten others, they pose a serious risk. In these situations, Section 12 allows professionals to step in and protect everyone involved.
- Severe Impairment – If a person cannot take care of themselves due to their mental state, they may be in danger. This includes forgetting to eat, not seeking medical help, or being exposed to unsafe conditions.
For a Section 12 commitment, the risk must be immediate, and there must be no safer alternatives. Taking action at the right time can help someone get the care they need.
What Is A 72-Hour Psychiatric Hold In Massachusetts?
Sometimes, when someone is struggling with a serious mental health crisis, immediate care is necessary. A 72-hour psychiatric hold under Section 12 allows a hospital to keep and evaluate a person who may be a danger to themselves or others. During this time, doctors assess their condition and decide the next steps. If they improve, they may be released. If they agree, they can stay voluntarily for treatment. If needed, further commitment may be required for their safety.
It’s important to remember that this hold is meant to protect the person and those around them. Medical professionals carefully evaluate each case to ensure the best outcome. In some situations, family members may feel helpless, but they can reach out to professionals for guidance and support.
How To Section Someone For Mental Health In Massachusetts?
Recognize the Signs of a Mental Health Crisis:
Sometimes, people go through extreme mental distress, and their actions may show warning signs. Look for hallucinations, severe paranoia, violent behavior, suicidal thoughts, or an inability to care for themselves. If you notice these signs, take them seriously. Acting quickly and reaching out for help can prevent harm and ensure they get the support they need.
Contact an Authorized Professional:
If you’re worried about someone, you might wonder what to do next. Family and friends cannot directly file a Section 12 petition, but they can take action. If there is immediate danger, call 911 right away. In non-emergencies, reaching out to a doctor, therapist, or local crisis team can help. Professionals will evaluate the situation and decide the best steps.
Filing a Section 12 Petition:
Once a mental health professional is involved, they will assess whether the person meets the legal criteria for psychiatric commitment. This evaluation can take place in a hospital emergency room, psychiatric crisis center, or even at the scene with police present. If needed, they will issue a Section 12(a) order to ensure the individual gets proper care.
Transport to a Psychiatric Facility:
After the Section 12 order is issued, the person must be taken to a hospital for further evaluation. If they agree, they can go voluntarily. However, if they refuse, law enforcement or emergency responders may assist in safely transporting them. This ensures they receive care in a secure environment while reducing risks for everyone involved.
Psychiatric Evaluation and Treatment:
Once at the psychiatric facility, the individual undergoes a full evaluation by a psychiatrist or clinical team. If they still meet the criteria, they can be held for up to 72 hours for treatment and stabilization. If they do not, they will either be released or offered voluntary care. The goal is always to provide the best support and ensure safety.
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What Happens After The 72-Hour Hold?
- Voluntary Treatment – If the person agrees, they can stay in the hospital for continued care and treatment. This allows them to receive the support they need in a structured environment.
- Release After Evaluation – If doctors determine that the person no longer meets the criteria for involuntary commitment, they will be released and may be offered outpatient care.
- Involuntary Commitment Request – If the hospital believes the individual still poses a risk, they may file for a longer involuntary commitment under Sections 7 & 8 to extend treatment.
- Outpatient Treatment Plan – Sometimes, the hospital may recommend outpatient mental health care, which includes therapy, medication management, and follow-ups to support recovery.
- Legal Review or Court Involvement – In some cases, a court hearing may be required to decide whether extended involuntary hospitalization is necessary for the individual’s safety.
Alternatives To Sectioning Someone – Safe & Effective Choices!
Before considering involuntary hospitalization, it’s important to explore other options that may help the person get the care they need in a less restrictive way.
- Encourage Voluntary Treatment – If possible, talk to the person with care and encourage them to seek help on their own. Offer to help them find a therapist or accompany them to an appointment.
- Call Crisis Hotlines & Mobile Crisis Teams – In moments of crisis, trained professionals are available to provide immediate support. Calling Samaritans (988) or a local mental health crisis team can connect them to the right resources.
- Use Community-Based Mental Health Services – Instead of hospitalization, therapy, counseling, and outpatient treatment programs can offer long-term support while allowing the person to stay in their community.
- Seek Help from Emergency Shelters & Support Groups – If someone is struggling with housing or isolation, shelters, peer support groups, and local outreach programs can provide emotional and practical assistance.
- Involve Trusted Friends & Family – A strong support system can make a big difference. Encouraging loved ones to check in, listen without judgment, and offer help can create a safer environment for the person in distress.
How Will Sectioning Someone For Mental Health In Massachusetts Work In The Future?
In the future, individuals who need urgent mental health care in Massachusetts will go through a structured legal process under Section 12. Medical professionals will assess the situation and determine if involuntary commitment is necessary. Authorities will ensure that all evaluations are done with care and accuracy to protect the person’s well-being.
Families and caregivers will also have better access to guidance and resources, making it easier to seek help. With advancements in mental health policies, the process will likely become more efficient and supportive for those in crisis
FAQS:
Can someone refuse a Section 12 evaluation?
If a Section 12 order is issued, the person must undergo an initial evaluation. However, after the 72-hour hold, they can refuse further treatment unless a court orders extended care under Sections 7 and 8 for continued hospitalization.
Does Section 12 stay on your record?
A Section 12 hold is not a criminal offense, so it does not appear on a criminal record. However, it may be documented in medical or psychiatric records, which can sometimes impact future healthcare decisions or professional licensing in certain fields.
Can a family member request a Section 12?
Family members cannot directly file for a Section 12 petition. However, they can contact a doctor, psychiatrist, licensed social worker, or law enforcement officer to assess the person’s condition and determine if they meet the legal criteria for involuntary psychiatric evaluation.
What is the difference between Section 12 and Section 35?
Section 12 is used for mental health crises when someone is a danger to themselves or others. Section 35 applies to individuals struggling with substance use disorders, allowing the court to mandate involuntary treatment for addiction if they pose a serious risk.
Can a Section 12 be challenged?
Yes, individuals have the right to challenge a Section 12 commitment in court. They can request a legal review, present evidence, and seek representation to argue that they do not meet the criteria for involuntary hospitalization and should be released.
Conclusion:
When someone is struggling with a mental health crisis, getting help quickly can save lives. That is why Section 12 in Massachusetts provides a legal way to protect people in danger. Only trained professionals can request involuntary commitment, making sure each case is carefully reviewed.
More importantly, seeking professional help early can prevent serious risks and support recovery. No one should feel alone in their struggles—some people care and want to help. Taking the first step may feel hard, but it can lead to a healthier and safer future.”
