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Dr. Rostislav Ignatov, MD
Chief Medical Officer
When a loved one is experiencing dangerous substance use or severe emotional or behavioral instability, it is natural to feel overwhelmed and unsure how to help. In Massachusetts, Section 35 allows a judge to order involuntary commitment to substance abuse treatment in Massachusetts when substance use creates an immediate risk to a person’s health or safety. ⓘ
Because mental health symptoms and substance use often overlap, families sometimes feel uncertain about whether Section 35 or another process such as Section 12 fits their situation. Section 35 can provide urgent protection when someone refuses care, but it also removes personal choice and can be emotionally difficult for everyone involved.
Key Points:
Judge-ordered treatmentFamily can file the petitionAverage stay: 10–21 daysInvoluntary, locked, state-run programTable of Contents
Section 35 is designed to protect people whose substance use has reached a point where they are unable or unwilling to seek help on their own. The goal is to prevent overdoses, medical emergencies, and dangerous behavior—not to punish anyone. All commitments take place in secure treatment facilities licensed by the Department of Public Health or the Department of Mental Health, where the focus is immediate safety and stabilization.
Even with those intentions, many families describe Section 35 as one of the hardest decisions they have made. Removing a loved one’s choice can create guilt, worry, and doubt, even when safety is the priority. Understanding why the process exists can make the decision feel a little less overwhelming and help families approach it with clarity instead of fear.
Only certain people are allowed to begin a Section 35 case. A petition may be filed by:
To move forward, the petitioner must believe that the individual’s substance use presents a serious risk of harm. The petition is filed in a District or Juvenile Court, where a judge reviews the information and decides whether the legal criteria are met. ⓘ
Families often reach this point after repeated overdoses, arrests, or medical emergencies. It is rarely the first attempt to help a loved one; instead, it becomes an option when voluntary treatment has been refused and safety can no longer be assured. Judges take these petitions seriously, and a clinical evaluation is required before any commitment is ordered.
If you are unsure whether to file a petition, the Massachusetts Substance Use Helpline can explain the legal process and answer general questions about state-funded services. Some families prefer to speak directly with a treatment provider to understand whether voluntary care might still be possible before turning to the court. ⓘ
After a petition is submitted, the court moves quickly. In many cases, a decision is made within one or two days. ⓘ
Petition Filed
A family member, clinician, police officer, or court official files the petition. If immediate risk is present, the judge may issue a summons or a warrant to bring the individual to court.
Clinical Evaluation
A qualified clinician evaluates the person’s substance use history, recent behavior, and medical needs to determine whether the legal criteria for involuntary commitment are met.
Court Hearing
The judge reviews the evaluation along with any testimony. The individual has the right to an attorney. For a commitment to occur, the judge must determine both that the person has a substance use disorder and that continued use is likely to result in serious harm.
Commitment and Placement
If the criteria are met, the judge orders placement in a licensed treatment facility for up to 90 days. In practice, most stays last between 10 and 21 days and focus on medical stabilization rather than long-term treatment.
Discharge
The facility can discharge the person early once they are medically stable and no longer considered at risk. Discharge planning may include referrals to community programs or voluntary treatment options.
A Section 35 order allows for up to 90 days of involuntary treatment, but most people do not stay that long. In practice, stays are usually short and based on medical stability rather than the full court-authorized timeframe.
Most families can expect:
The court order sets a limit, not a mandatory length of stay. The goal is stabilization, not extended treatment.
State-operated and state-contracted programs are responsible for treating people placed under Section 35. These facilities focus on stabilizing people whose substance use has led to dangerous or unpredictable behavior.
The environment in these facilities is structured and highly supervised. Because they serve many court-ordered patients, the setting can feel crowded and fast-paced. Treatment is short-term and directed toward stabilization or medical detox rather than residential or inpatient treatment. Staff members work under demanding conditions, and the environment may feel more institutional than what many families picture when thinking about rehabilitation.
Although Massachusetts no longer places people in correctional facilities for Section 35 treatment, these programs still limit privacy and movement. The priority is to ensure safety during withdrawal and to stabilize the person for the next phase of care.
Section 35 may be necessary when someone is in immediate danger and refuses voluntary help—such as repeated overdoses, rapid medical decline, or behavior that puts the person or others at risk. In these situations, court-ordered treatment can offer short-term protection while the person stabilizes.
Most families do not turn to Section 35 lightly. Many describe a painful mix of fear, guilt, and urgency when they realize their loved one is no longer safe on their own. It is common to wonder whether another conversation, a more structured intervention, or voluntary care might still be possible before taking legal action.
Section 35 is designed to prevent immediate harm, not to provide extended treatment. Many families turn to voluntary care afterward, where the environment is more private, supportive, and individualized.
Voluntary treatment offers a very different experience from the state-run programs used under Section 35. In a private, licensed setting such as The Haven Detox – New England, care focuses on comfort, safety, and dignity without the restrictions of court involvement.
Voluntary vs Involuntary Care
Detox: 5–10 daysResidential: 30–90 days
10–21 days (up to 90)
A voluntary detox or stabilization program is supported by a medical team that is present at all times. Staff members help manage withdrawal safely, monitor physical and emotional stress, and adjust care to what each person needs in the moment rather than to a court timeline. This flexibility allows care to match a person’s needs, which often makes the first days of treatment easier to manage.
During a voluntary stay, patients can expect:
Help arranging follow-up treatment, including substance use treatment, counseling, or outpatient support
Section 35 helps keep someone alive during a crisis, but it doesn’t resolve the fear, stress, or underlying struggles that brought the family to this point. Once your loved one is safe, voluntary treatment often becomes the place where real healing begins—somewhere quieter, more supportive, and better equipped to help them steady themselves after a frightening experience.
If you’re unsure whether Section 35 is the right step—or whether voluntary care is still possible—speaking with a licensed treatment provider can help you understand the safest option for your loved one. Many families feel more confident after talking through what they’re seeing at home and learning which level of care best fits the situation.
If you are researching Section 35, you have probably already tried everything you can to help your loved one. Many families reach this point after countless conversations, broken promises, and moments of fear. Feeling drained, scared, or unsure of what to do next does not mean you have failed. It simply means the situation has become more than one family can safely manage on its own.
Before turning to involuntary commitment, some families consider a structured conversation known as an intervention. An intervention is not meant to be confrontational. It is a calm, supportive meeting that helps you share your concerns clearly while offering a plan for immediate help.
If you have already looked into drug detox in MA or treatment programs and still feel uncertain about the safest next step, you do not have to figure this out on your own. The Haven Detox – New England is available around the clock to listen, explain voluntary options, and help you decide whether an intervention or Section 35 makes the most sense. We can also speak directly with your loved one if you think that would help.
You do not have to wait for the situation to get worse. Support is here as soon as you reach out.
Section 35 is a Massachusetts law that allows a judge to order involuntary commitment to treatment when a person’s substance use creates a serious and immediate risk to their health or safety. It is designed for crisis stabilization and is typically used when the individual refuses voluntary treatment and a family member or qualified professional believes they are in danger.
Section 35 applies only to substance use disorders. It cannot be used for mental health conditions on their own. When the concern involves severe psychiatric symptoms or a risk of harm related to mental illness, Massachusetts uses a different process called Section 12. Section 12 allows a qualified clinician to authorize an in-person psychiatric evaluation when there is immediate danger due to mental illness. This evaluation determines whether short-term psychiatric hospitalization is necessary for safety.
After a petition is filed, the court conducts an evaluation and hearing—often within one to two days. If a judge determines that a substance use disorder is present and continued use poses serious harm, the individual may be placed in a state-run facility for up to 90 days. Most stays last 10–21 days and focus on medical stabilization rather than extended therapy.
State-run facilities prioritize immediate safety, withdrawal management, and short-term stabilization. The environment is supervised, structured, and often crowded due to high demand. Privacy is limited, and treatment is typically brief. These facilities differ significantly from private, voluntary detox programs, which offer more individualized care.
A spouse, blood relative, physician, police officer, or certain court officials may file a petition. They must believe that the person’s substance use poses a serious risk of harm. The court reviews the information, orders an evaluation, and decides whether involuntary commitment is necessary.
Section 35 is sometimes the safest choice when there is immediate risk—such as repeated overdoses, erratic behavior, or medical decline. However, it is a short-term solution. Many families use it only to stabilize a crisis and then transition their loved one into voluntary treatment for ongoing support.
Voluntary detox takes place in a private, medically supervised setting where patients choose to enter care. These programs offer individualized treatment plans, more privacy, and the ability to address both withdrawal and co-occurring mental health concerns. Involuntary commitment under Section 35 prioritizes safety but offers less choice, comfort, and therapeutic engagement.
Many families begin by typing terms like detox near me or detox center near me, but search results rarely explain when voluntary treatment is appropriate or when a Section 35 petition might be necessary. Voluntary medical detox provides privacy, choice, and tailored care, while Section 35 focuses on short-term safety. Understanding these differences can help families choose the safest path forward.
Licensed detox facilities often offer same-day admission, especially when someone is medically unstable or emotionally overwhelmed. This can be a faster and more comfortable option than waiting for court scheduling or state bed availability under Section 35.
Most individuals are discharged once they are medically stable. Long-term recovery typically requires additional treatment—such as residential care, outpatient therapy, medication management, or mental health support. Many families transition their loved one into voluntary treatment immediately after release to maintain momentum and safety.
It depends on urgency, safety, and willingness to participate in care. If someone is in immediate danger and refusing help, Section 35 may be necessary. If they are open to entering treatment on their own, voluntary detox provides a more supportive and private environment. Speaking with a licensed treatment provider can help families understand their safest option.
A person cannot refuse Section 35 once a judge orders the commitment. The process is involuntary, which means the decision is based on safety rather than consent. The individual can speak with an attorney during the hearing, but the judge makes the final determination. If the criteria are met and the court believes there is serious risk, the order must be followed.
No. A person cannot file a Section 35 petition for themselves. The law requires that a spouse, family member, physician, police officer, or certain court officials file on behalf of the individual. Someone who recognizes they need help can choose voluntary treatment instead, which allows them to enter care without involving the court.
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