Taken In For An Evaluation

In Massachusetts, a licensed physician, qualified advanced practice registered nurse, qualified psychologist or licensed independent clinical social worker who, after examining a person, has reason to believe that failing to hospitalize them would create a likelihood of serious harm by reason of mental illness may restrain the person and apply for hospitalization for a 3-day period. In an emergency, if none of them is available, a police officer who holds the same belief may do the same.

• G.L. c. 123, § 12

• The application states the reasons for the restraint.
• Unless a specially designated physician or nurse made the application, the person is given a psychiatric examination by one immediately on arrival, and is admitted only if that examiner finds the same likelihood of serious harm.
• No one is admitted unless first given the chance to apply for voluntary admission, and told of the right to it and that the hospitalization cannot exceed 3 days.
• On admission the facility tells the person it will, on request, notify the committee for public counsel services, which then immediately appoints an attorney to meet with them.

• G.L. c. 123, § 12

The superintendent may discharge the person at any time during the period, and must discharge them at the end of the 3 days unless the superintendent applies for commitment or the person stays on a voluntary basis. Separately, any person may apply to a district court or juvenile court justice for a 3-day commitment, and the court appoints counsel for the person.

• G.L. c. 123, § 12

The commitment petition and hearing that may follow are in other sections of the chapter and are not reproduced here. The section counts its periods under the civil procedure rule it names. Whether a hospitalization met the statute is a question for a court and for a licensed Massachusetts attorney.

• G.L. c. 123, § 12