Welcome to the Boston Municipal Court's guide to the Section 35 process.
This video will walk you through the key steps and information you need to know.
[Text on screen that says "What is Section 35?"]
Section 35 allows a qualified person, such as a police officer, physician, spouse, blood relative, guardian or court official to petition the court to have someone assigned to a health care facility and treated involuntarily for an alcohol or substance use disorder.
[Text on screen that says "Filing a Petition"]
To start the process, the petitioner must file a written petition at any division of the Boston Municipal Court, District Court, or Juvenile Court, regardless of the home residence of the person they are concerned about. You can obtain the necessary forms on the Trial Court's website.
[Link on screen that says "mass.gov/lists/mental-health-court-forms"]
[Text on screen that says "Court Review and Hearing"]
Once the petition is filed, the court reviews it and decides whether to issue a summons or a warrant of apprehension. If a warrant is issued, police officers will locate the individual and bring them to court for a commitment hearing. At the hearing, the court will appoint an attorney if the individual cannot afford one.
The court then orders an examination by a qualified physician, psychologist or social worker to assess the person's condition.
[Text on screen that says "Decision and Commitment"]
If the judge finds that the individual has an alcohol or substance use disorder and there is a likelihood of serious harm to themselves or others, they may order the person to be committed to a treatment program for up to 90 days. This program is designed to help the individual recover in a safe and controlled environment.
[Text on screen that says "Is Section 35 the First Step?"]
It's important to remember that Section 35 should be a last resort option. If someone is willing to seek help, there are many voluntary treatment programs available that offer support and care.
For more information on Section 35 and available treatment options, visit Mass.Gov or contact the Bureau of Substance Abuse Services.
[The Boston Municipal Court seal and text that says "For more information on Section 35 visit mass.gov/info-details/section-35-the-process"]
Help is available and treatment can make a difference.