Massachusetts Petition For 30 Day Examination And Observation Pursuant To G.L.C. 123 18(a) (also known as "30 Day Petition") is a legal document used to request a court order for an individual (petitioner) to be examined and observed by a doctor or mental health professional for a period of 30 days. This petition is typically used when an individual is exhibiting symptoms of mental illness or substance abuse and is in need of an assessment by a qualified professional. The petition is filed with the court in the county where the petitioner resides. The petition must include the petitioner's name and address, the nature of the mental illness or substance abuse being alleged, and a request for an order of 30-day observation and examination. The petition must also include the name and address of the doctor or mental health professional who will perform the examination. The court will review the petition and then issue an order for the petitioner to be examined and observed for 30 days. If the court finds that the petitioner is in need of mental health treatment, the court will likely order the petitioner to be committed to a mental health facility for further care. There are two types of Massachusetts Petition For 30 Day Examination And Observation Pursuant To G.L.C. 123 18(a): (1) Voluntary and (2) Involuntary. Voluntary petitions are filed when the petitioner consents to the examination and observation, while involuntary petitions are filed when the petitioner does not consent.
Massachusetts Petition For 30 Day Examination And Observation Pursuant To G.L.C. 123 18(a)
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FAQ
Hospitalization of mentally ill prisoners; examination; reports; hearing; commitment; voluntary admission; reduction of sentence; discharge. This is an unofficial version of a Massachusetts General Law.
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 3 allows for a person to be admitted to hospital for treatment if their mental disorder is of a nature and/or degree that requires treatment in hospital. In addition, it must be necessary for their health, their safety or for the protection of other people that they receive treatment in hospital.
If you are sectioned, you can be kept in hospital, stopped from leaving the ward and given treatment for your mental health problems, possibly without your consent. If you are sectioned, you normally have the right to get help from someone called an independent mental health advocate (IMHA).
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.
Due Process Protections Shall Be Afforded to Individuals Facing Involuntary Civil Commitment and the Burden of Proof for Civil Commitments is Clear and Convincing Evidence.
A very substantial risk of physical impairment or injury to the person himself/herself as manifested by evidence that such person's judgment is so affected that he/she is unable to protect himself/herself in the community and that reasonable provision for his/her protection is not available in the community.
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.