Massachusetts laws
MGL c.6A, §§ 16P-16S Yolanda's law: enhancing children's mental health treatment:
- § 16P Coordination of clinically-appropriate behavioral health services for children; monthly report
- § 16Q Children's behavioral health advisory council; members; terms; powers and duties; annual report
- § 16R Geographically-based interagency review team for disabled children who qualify for services from multiple agencies
- § 16S Coordination of purchase of behavioral health services for children
MGL c.19 Dept. of Mental Health
MGL c.123 Mental health. Note: § 35 has been updated. See below:
- MGL c. 123, § 35 Commitment for alcohol or substance use disorder
MGL c.112, § 172A Protecting patient confidentiality
MGL c.140, §§ 131R-131Y Extreme risk protection orders (ERPO)
Provides a process for family and household members to petition the court to temporarily take weapons from people who pose a risk to themselves or others.
Massachusetts regulations and guidelines
104 CMR Department of Mental Health
Massachusetts court rules and standards
Probate and Family Court Standing Order 4-11: Administrative Process for Uncontested Rogers Reviews and Extensions
Massachusetts Executive Orders
EO 422 Services for Mentally Ill Individuals Under Age 19
Forms
DMH Forms, Dept. of Mental Health.
Mental Health Forms, Mass. Trial Court.
Uncontested Extension of Order for Antipsychotic Medications (Rogers), Mass. Probate and Family Court.
Selected case law
In the Matter of G.P. , 473 Mass. 112 (2015).
"Discussion of G. L. c. 123, § 35, which authorizes... involuntary civil commitment ...where there is a likelihood of serious harm as a result of the person's alcoholism or substance abuse, or both... Discussion of the Uniform Trial Court Rules for Civil Commitment Proceedings for Alcohol and Substance Abuse, which will take effect in February, 2016."
In the Matter of M.C., 481 Mass. 336 (2019)
"Civil commitment proceedings under G. L. c. 123, § 16 (b), are presumptively open to the public." G. L. c. 123, § 5, does not express a preference for any particular location; and the Standards of Judicial Practice for Civil Commitment and Authorization of Medical Treatment for Mental Illness should be modified to ensure that civil commitment hearings are open to the public and are adequately recorded.
Pembroke Hospital v. D.L., 482 Mass. 346 (2019)
Discharge. If a judge denies a petition for involuntary commitment, the hospital must release the person from involuntary restraint. "A mental health facility discharges an individual under G. L. c. 123 only when that individual is set at liberty from involuntary restraint, and not when he or she is released from care."
Rogers v. Commissioner of the Dept. of Mental Health , 390 Mass. 489 (1983). Outlines the requirements to be met in order to involuntarily administer anti-psychotic medications.
Rosie D. v. Romney , 410 F.Supp. 2d 18 (2006)
Found that Massachusetts "violated ...provisions of the Medicaid Act by failing to offer necessary medical services to children in this Commonwealth who suffer from serious emotional disturbances."
Web sources
Applying for Adult Mental Health Services, Department of Mental Health
Applying for child, youth, and family services, Department of Mental Health
Campus Mental Health Know Your Rights: A Guide for Students Who Want to Seek Help for Mental Illness or Emotional Distress , Judge David L. Bazelon Center for Mental Health Law, 2008
Children's Behavioral Health Initiative (CBHI) , Children's Law Center of Massachusetts. "an effort by MassHealth to provide more community-based behavioral health or mental health services to youth under the age of 21 with MassHealth and who meet certain criteria. Sometimes these services are also called "Rosie D." services." Explains eligibility and more.
DMH Resource Guides, Department of Mental Health, Health and Human Services
- DMH Resource Guide
A handy listing of the cities and towns will direct you to the appropriate DMH Site Office and contact. - DMH Consumer and Family Resource guide
Tailored to the needs of consumers and families. - DMH Multicultural Populations Resource Guide
Contains information about agencies and institutions in the Commonwealth that offer culturally and linguistically appropriate services. - DMH Young Adult Resource Guide
Developed to reflect the changing needs of the young adult population who need assistance in reaching their goals. - Emergency Services Programs (ESP) Resource Guide
Lists all ESPs statewide and toll-free crisis number
Extreme Risk Guide, Dept. of Mental Health, 2018.
"This guide provides information on resources that may be helpful to individuals, who are seeking an extreme risk protective order, or who had an extreme risk protective order issued against them."
Mental Health Care , Mass. Legal Help. Geared toward dealing with insurance companies or MassHealth. "This part of the website tells you how to get insurers like MassHealth to pay for your or your family's mental health services. We do not talk about how to get onto MassHealth or where to get free services. We do answer questions about how to get services paid for once you have public or private insurance."
Mental Health Legal Advisors Committee . An independent agency of the SJC, provides both advice and direct representation. Their Resources and Publications include:
- DMH Complaint Process
- Hospitalization in Connection with a Criminal Case
- Managing Credit and Debt
- Movement Rights on an Inpatient Psychiatric Unit
- Restraint and Seclusion in Hospitals, Including Emergency Rooms
- Rights Regarding Provide and Treatment Choice
- Six Fundamental Rights of Persons Receiving Services at Inpatient Mental Health Facilities in Massachusetts
- Your Rights Regarding Access to Mental Health Records
- Your Rights Regarding Hospitalization and Discharge
- Your Rights Under the Community Residence Tenancy (CRT) Law
- and many more
Parents' How-To Guide to Children's Mental Health Services in Massachusetts, 3d ed., 2011, Boston Bar Association
Includes steps for getting help, paying for services, services in your child's school, and more
Quick Reference on CBHI Mental Health Services for Youth, Children's Law Center of Massachusetts, 2013.
Massachusetts must provide "behavioral health screening, diagnostic evaluation, and an array of new behavioral health services to children up to age 21 who have MassHealth." Explains services available and how to access them.
Section 35 Commission Report (7-1-2019)
Recommendations of the committee charged to evaluate Section 35 commitments in Massachusetts.
What to know about section 35 civil commitments in Massachusetts, WBUR, July 3, 2019.
Provides an overview of the process and statistics concerning involuntary commitment for drug or alcohol addiction.
Print sources
CPCS Mental Health Proceedings in Massachusetts: A Manual for Defense Counsel , MCLE, 2015
Mental Health Law, Mass. Practice Series v.53 , Thomson/West, with supplement
Mental Health Proceedings Under Chapter 123 , Judicial Institute, Spring 2011
Contact
Online
Address
9th Floor
Boston, MA 02108
| Last updated: | July 10, 2019 |
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