DOCKET NO. (to be added by court)
REQUEST FOR EMERGENCY HEARING
AFTER INVOLUNTARY ADMISSION TO MENTAL HEALTH FACILITY
Trial Court of Massachusetts District Court Department District Court
G.L. c. 123, § 12(b)
To be completed after consultation with a lawyer, if any, and then filed with the court by FAX and a copy given to the facility Director.
NAME OF PATIENT
IN THE MATTER OF
I, the patient named above, have been involuntarily admitted to
NAME OF FACILITY
.
I hereby request an emergency court hearing because I have reason to believe that my admission resulted from an abuse or misuse of the admission procedure of Massachusetts General Laws c. 123, § 12(b): 1. 2. 3. 4. 5. 6.
G G G G G G
The hospital did not inform me of my right to request a lawyer. The hospital did not notify the Committee for Public Counsel Services of my request to have a lawyer. The Committee for Public Counsel Services did not appoint a lawyer to represent me, or the lawyer appointed to represent me did not meet with me. A psychiatric examination was not conducted by a physician designated by the Department of Mental Health. A psychiatric examination was not conducted within two hours. Other abuse or misuse of the § 12(b) admission procedure (describe the alleged abuse or misuse):
Please note that a designated physician's clinical decision that failure to hospitalize the patient would create a likelihood of serious harm by reason of mental illness is not subject to review at an emergency hearing.
I give permission to the facility to release my mental health records to the court solely for the purpose of the requested hearing.
DATE SIGNED COUNSEL'S SIGNATURE (if any) PATIENT'S SIGNATURE
X
X
COURT'S RULING ON REQUEST
To be completed by judge and returned to patient and admitting facility by FAX
Upon review of the above request, the Court hereby ORDERS that:
G
The request for hearing is ALLOWED and a HEARING IS SCHEDULED for ________________________________
G G
IN THIS COURT.
G
AT THE FACILITY NAMED ABOVE.
DATE & TIME
The patient shall be present at such hearing unless through counsel he or she waives the right to be present. The request for hearing is DENIED because:
G G
The above request does not allege any abuse or misuse of the admission procedure of § 12(b). Other (describe):
DATE
JUDGE
X
(rev. 08/08)