Section 35 Mha
35 remand to hospital for report on accused s mental condition.
Section 35 mha. Can i have someone committed. 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. A court and a doctor who is section 12 approved and has specialist experience in the treatment and diagnosis of mental illness doctor put you on the section.
Only a qualified petitioner may request the court to commit someone to treatment under section 35. 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. 35 1 subject to the provisions of this section the crown court or a magistrates court may remand an accused person to a hospital specified by the court for a report on his mental condition.
The purpose of section 35 is to establish a diagnosis and your fitness to plead at court when you return. The commission was tasked with reviewing the efficacy of section 35 a state. It explains what your rights are during this section and what could happen afterwards.
A facility used for commitment under this section for a person found to be a person with a substance use disorder shall maintain or provide for the capacity to possess dispense and administer all drugs approved by the federal food and drug administration for use in opioid agonist treatment including partial agonist treatment and opioid antagonist treatment for opioid use disorder and shall make such treatment available to any person for whom such treatment is medically appropriate. 2 for the purposes of this section an accused person is. Please ask if you would like another copy of this leaflet for someone else.
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 law allows for the individual to. Section 35 of the mental health act criminal courts send you to hospital for a medical report this section looks at section 35 of the mental health act. It looks at the professionals you might come across in hospital when and how courts use this section.
1 subject to the provisions of this section the crown court or a magistrates court may remand an accused person to a hospital. Section 35 page 8 the independent mental health advocacy service is also there to provide help and support to you.