What is the section 35?

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.

How do you get a 5150 hold?

The 5150 legal code allows “a person with a mental illness to be involuntarily detained for a 72-hour psychiatric hospitalization.” This means that someone experiencing a severe mental episode or condition can be detained against their will for up to 72 hours, if they meet at least one of the requirements of being a …

Is addiction a protected class?

‘ ” Current illegal drug use is not protected, but recovering addicts are protected under the ADA.

What happens when you’re Baker acted?

If a person is Baker Acted, they are taken to a mental health hospital that is also a Baker Act-receiving facility. At the receiving facility, the individual must be psychologically examined within 72 hours (the 72-hour timeframe begins as soon as the Florida Baker Act form is filed and they are admitted).

Who can implement a section 35 37 or 38?

The Magistrates’ court can use this section if you’ve been convicted of a crime. The Crown Court can use this section at any time in your court case. Section 35 can only be used if you can be sent to prison for the offence you’ve been charged with. In hospital an Approved Clinician (AC) writes the report.

Who can Section someone in MA?

Who may file a Section 35 petition? According to the statute, only a qualified petitioner may request the court to commit someone to treatment under Section 35. They are: a spouse, blood relative, guardian, a police officer, physician, or court official. Petitions may be filed at a District or Juvenile Court.

Is a drug addiction a disability?

Are Substance Use Disorders Considered Disabilities? In short, yes. Diagnosable drug and alcohol addictions, or substance use disorders (SUDs), are considered disabilities under Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), and Section 1557 of the Affordable Care Act.

Is addiction recognized as a disability?

Addiction is generally considered a disability because it is an impairment that affects brain and neurological functions. The ADA applies to addiction to alcohol and to the illegal use of drugs differently.