Quick answer: Section 35 lets a spouse, blood relative, guardian, physician, police officer or court official ask a Massachusetts court to commit someone to involuntary substance use treatment. A judge must find a substance use disorder and a likelihood of serious harm. Commitment can last up to 90 days but is usually much shorter, and families can’t choose the facility. It’s meant as a last resort.
If someone is overdosing or in immediate danger, call 911. Massachusetts’ Good Samaritan law protects people who call for help during an overdose.
How we put this guide together
East Coast Recovery Center is a voluntary outpatient addiction treatment program in Cohasset, Massachusetts. We don’t take Section 35 commitments, and we don’t benefit from them. We wrote this guide because families on the South Shore often ask us about Section 35 when a loved one refuses help. It’s based on guidance from the Massachusetts court system and Mass.gov. It isn’t legal advice.
Section 35 at a glance
| Question | Answer |
| Who can file? | A spouse, blood relative, guardian, physician, police officer or court official |
| Where? | Any District Court, Boston Municipal Court or Juvenile Court division |
| What must the judge find? | A substance use disorder and a likelihood of serious harm |
| How long? | Up to 90 days, usually much shorter |
| Can the family choose the facility? | No. Courts can’t commit someone to a private facility |
| Can it be withdrawn? | Not without the court’s permission |
1. Only certain people can file
According to the Massachusetts Trial Court, a police officer, physician, spouse, blood relative, guardian or court official can petition the court. Friends, partners who aren’t married, and other relatives by marriage generally can’t file on their own, though they can work with someone who qualifies.
2. You can file at any district court
Petitions can be filed at any division of the Boston Municipal Court, District Court or Juvenile Court, regardless of where the person lives. Go to the clerk’s office and ask for the person who helps with Section 35 petitions. You’ll fill out and sign the petition and explain to the judge why you’re requesting it.
3. Once filed, you can’t simply withdraw it
According to the Massachusetts court system, once a petition is filed, it can’t be withdrawn without the court’s permission. Think carefully before filing, and consider talking with a treatment professional or family support group first.
4. Your loved one may be picked up by police
If the judge issues a warrant of apprehension, police can bring your loved one to court. By law, police can only make the arrest when court is open, not at night or on weekends, and the warrant may be valid for up to five business days. This can be distressing for everyone, so it helps to be prepared.
5. Your loved one gets a lawyer, and you don’t
The court assigns a lawyer to represent the person facing commitment, called the respondent, not the person who filed. A court clinician evaluates the respondent, and the judge decides based on the testimony, the clinical evaluation and other evidence.
6. The judge must find two things
The judge can order commitment only after finding that the person has an alcohol or substance use disorder and that there is a likelihood of serious harm to themselves or others as a result. Strong, specific evidence, such as recent overdoses, dangerous incidents or inability to care for themselves, matters.
7. You can’t choose the facility, and insurance can’t be forced to pay
This surprises many families. The court can’t commit someone to a private facility and can’t force an insurance company to pay for treatment. Commitments go to public facilities designated in Massachusetts. If you want your loved one in a specific program, voluntary treatment is the only way to get there.
8. Commitments are usually short
Although the law allows up to 90 days, the Massachusetts courts note the commitment period is usually much shorter. What happens after discharge matters more than the commitment itself. Without a plan for ongoing treatment, the risk of relapse and overdose is high, especially because tolerance drops during treatment.
9. Try other options first when you can
Section 35 is meant as a last resort. Before filing, consider:
- Family-focused approaches like CRAFT (Community Reinforcement and Family Training), which a 2010 systematic review found helped about two-thirds of treatment-resistant people enter treatment.
- Family support groups like Learn to Cope, which has chapters across Massachusetts.
- The Massachusetts Substance Use Helpline at 800-327-5050, for help finding treatment options.
- A conversation with a treatment program about how to approach your loved one.
Planning for after a Section 35
- Ask the facility about discharge timing and plans.
- Have a voluntary treatment program ready, such as day treatment or Partial Day Treatment Program.
- Get naloxone and make sure everyone at home knows how to use it.
- Ask about medication for opioid or alcohol use disorder.
- Line up a safe, sober place to live.
East Coast Recovery provides voluntary outpatient treatment, including day treatment and family therapy, for people stepping down from a higher level of care. Call (617) 390-8349 for a free consultation.
FAQ
How do I Section 35 someone in Massachusetts?
If you’re a spouse, blood relative, guardian, physician, police officer or court official, go to the clerk’s office at any District Court, Boston Municipal Court or Juvenile Court and ask about filing a Section 35 petition. You’ll complete the petition and explain your concerns to a judge, who decides whether commitment is warranted.
How long does a Section 35 last?
The law allows commitment for up to 90 days, but Massachusetts courts note the actual period is usually much shorter. Discharge timing depends on the facility’s clinical assessment. Planning for ongoing voluntary treatment after discharge is essential.
Can I choose where my loved one goes under Section 35?
No. The court can’t commit someone to a private facility, and it can’t force an insurance company to pay for treatment. Section 35 commitments go to public facilities designated in Massachusetts. Voluntary treatment is the only way to choose a specific program.
Does a Section 35 go on someone’s criminal record?
Section 35 is a civil commitment, not a criminal proceeding. It isn’t a criminal conviction. However, police may be involved in bringing the person to court. Speak with an attorney if you have specific legal concerns.
What are alternatives to Section 35?
Alternatives include family approaches like CRAFT, support groups like Learn to Cope, the Massachusetts Substance Use Helpline at 800-327-5050, and working with a treatment program to plan how to encourage voluntary treatment. Section 35 is intended as a last resort.
