The Massachusetts Bar Association has launched a free legal
assistance program in Norfolk County to help county residents who
are seeking court-ordered inpatient treatment for a family member
or friend struggling with opioid and other alcohol or drug
addictions.
The MBA program offers assistance with Mass. Gen. Laws Ch. 123,
Section 35, known colloquially as Section 35, which permits
individuals to petition the courts to involuntarily commit
substance abusers to an inpatient treatment program when their
alcohol or drug use puts themselves or others at risk. A substance
abuser can be sent to a treatment program for up to 90 days if a
judge determines, following a hearing and a review of medical
evidence, that there is a "likelihood of serious harm" to
themselves or others.
Norfolk County residents can contact the MBA's Section 35
Helpline, available toll-free at (844) 843-6221 where they will be put in touch with volunteer
lawyers, who will assist them pro bono with their Section
35 petitions, up to and including going to court.
The Section 35 Helpline, the first of its kind in the
commonwealth, is currently being run as a pilot program, and
pro bono lawyers are only available to Norfolk County
residents. Norfolk District Attorney Michael Morrissey recently
said the number of people who have died from opioid overdoses in
Norfolk County has more than doubled the total from two years ago.
("Opioid deaths in Norfolk County show big rise," Boston
Globe, Dec. 16, 2015.)
"Having a loved one 'sectioned' and forced into treatment is not
an easy thing to do and often viewed as a last resort to save
someone's life. No one should have to go through this alone," said
MBA President Robert W. Harnais, who created the program. "Our
helpline ensures that, for the first time, the people closest to
the devastation caused by opioid addiction - the addict's friends
and family members - have the support and legal help they need to
navigate this powerful process."
The MBA is distributing information about the Section 35
Helpline to South Shore hospitals and the nearly 30 city and town
police departments in Norfolk County. The Quincy Fire Department
has also added Helpline information to its Opioid Recovery Resource
Guide.
The MBA held a training for attorneys on Section 35 petitions on
Jan. 27 - "Substance Abuse Civil Commitment: An Attorney's Guide to
the Law" - which is available for viewing On Demand. Dozens of MBA
lawyers in Norfolk County have already volunteered to take calls
and cases that come in from the Section 35 Helpline.
More information about the Section 35 Helpline Norfolk County
Pilot Project can be found at www.MassBar.org/NorfolkHelpline.