Massachusetts Law About Mental Health Issues
Massachusetts Laws
- MGL c.19 Dept. of Mental Health
- MGL c.123 Mental Health
- MGL c.112, s.172A Protecting Patient Confidentiality
- MGL c.6A, s.16P-16S Yolanda's Law: Enhancing children's mental health treatment
Massachusetts Regulations and Guidelines
- 104 CMR Department of Mental Health
- Interpretive Guidelines for 104 CMR 29 Determining Service Authorization for Children, Adolescents and Adults
Selected Massachusetts Cases
Rogers v. Commissioner of the Dept. of Mental Health, 390 Mass. 489 (1983). Outlines the requirements to be met in order to involutarily administer antipsychotic medications.
Massachusetts Court Rules
District Court Department Standards of Judicial Practice: Civil Commitment and Authorization of Medical Treatment for Mental Illness, effective January 3, 2012.
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
Other Web Sources
Admission to a Psychiatric Facility, MCLE, 2009. Chapter of Mental Health Proceedings in Massachusetts. Includes voluntary and involuntary admissions, including admission and discharge of children.
Applying for Mental Health Services, Office of Health and Human Services. Links to the Interpretive Guidelines for 104 CMR 29 Determining Service Authorization for Children, Adolescents and Adults, with links to "details on the following topics: Application Process, Clinical Criteria, Needs and Means Criteria, Notification of Rights, and Appeal Guidelines."
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. "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.
Mental Health, Disability Law Center. Information includes:
- Notice of Rights--Section 12
- Notice of Rights--Conditional Voluntary
- Massachusetts Mental Health Parity Law
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:
- Credit and Debt Management
- DMH Complaint Process
- Five Fundamental Rights in In-patient facilities
- Hospitalization in connection with a Criminal Case
- Rights in Hospitals Regarding Restraint and Seclusion
- Rights of Adults to Move Freely on a Hospital Ward
- Rights Regarding Treatment Plans
- Your Rights Regarding Access to Mental Health Records
- Your Rights Regarding Hospitalization and Discharge
- Your Rights Regarding Medication
- Your Rights Under the Community Residence Tenancy (CRT) Law
- and many more
Parents' How-To Guide on Children's Mental Health Services in Massachusetts, Boston Bar Association. Includes steps for getting help, paying for services, services in your child's school, and more.
Keep Your Housing: A Guide to Help Massachusetts Tenants with Mental Health Issues Keep Their Housing, Mental Health Legal Advisors Committee, August 2006. Detailed guide to obtaining reasonable accommodation, with forms.
Print Sources
CPCS mental health proceedings in Massachusetts: a manual for defense counsel, MCLE, 2009.
Handling Mental Health Issues in a Divorce Case, MCLE, 2008. Also available on Audio CD.
Mental Health Issues in the Criminal Justice System, MCLE, 2007. Also available on Audio CD.
Mental Health Law, Mass. Practice Series v.53, Thomson/West, 2007 with supplement.
Mental Health Proceedings Under Chapter 123, Judicial Institute, Spring 2011.
PDR Drug Guide for Mental Health Professionals, 3rd ed. Thomson Medical Economics/PDR, 2007.
Psychoactive Medication for Children and Adolescents: Orientation for Parents, Guardians, and Others, Mass. Dept. of Mental Health, Div. of Child and Adolescent Services, 2007.