Product Description

Recent updates:

• Update: April 2020

  Dear Subscriber:

  Thank you for choosing to keep current in the changing area of Mental Health Proceedings in Massachusetts, with this 2020 edition. Inside, you will find updates to a spectrum of topics, new case law, and new insights that are practical and authoritative. Here is just a sample:

  • See chapter 2 for new material on the subject of voluntary and involuntary commitment to psychiatric facilities. The chapter offers discussion of particulars of G.L. c. 123, § 10 and provides insights into the regulations concerning conditional voluntary status, 104 C.M.R. § 27.06, and periodic review, 104 C.M.R. § 27.11. In addition, there is an extensive treatment of the three-day involuntary admission pursuant to G.L. c. 123, §§ 12(a) and 12(b).

  • Chapter 3 offers recent case decisions on topics surrounding commitment trials, including the commencement of trial, the waiver of a trial, and locations for trials. The chapter also discusses statutory and regulatory criteria for commitment.

  • Chapter 4 adds a bibliography of articles pertinent to the clinical perspective on competence and capacity. The chapter also adds new material on the topic of assignment of counsel and what happens when an individual who is presumed indigent refuses to be assigned an attorney to represent them.

  We at MCLE trust that you will find this new edition useful in your law practice, and valuable in keeping your law library current.

  Cordially,

  Maryanne G. Jensen, Esq., MCLE Director of Publications

Table of Contents

Chapter 1 expand

Introduction and Practice Note

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Mark A. Larsen, Esq., Committee for Public Counsel Services
Miriam Ruttenberg, Esq., Committee for Public Counsel Services

Chapter 2 expand

Admission to a Psychiatric Facility

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Mark A. Larsen, Esq., Committee for Public Counsel Services
Miriam Ruttenberg, Esq., Committee for Public Counsel Services

Chapter 3 expand

Commitment to a Psychiatric Facility

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Mark A. Larsen, Esq., Committee for Public Counsel Services
Miriam Ruttenberg, Esq., Committee for Public Counsel Services

Chapter 4 expand

Guardianship

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Mark A. Larsen, Esq., Committee for Public Counsel Services
Miriam Ruttenberg, Esq., Committee for Public Counsel Services

Chapter 5 expand

Evaluation and Commitment of Criminal Defendants and Insanity Acquittees

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Mark A. Larsen, Esq., Committee for Public Counsel Services
Miriam Ruttenberg, Esq., Committee for Public Counsel Services

Chapter 6 expand

Litigating Mental Health Cases

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Mark A. Larsen, Esq., Committee for Public Counsel Services
Miriam Ruttenberg, Esq., Committee for Public Counsel Services

Appendices expand

Department of Mental Health Regulations

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Appendix A

- District Court Standards 2019 Buy Form

Appendix B

- Selected MHLD Performance Standards 2019 Buy Form

Appendix C

- Trial Practice Checklist for Civil Commitments Buy Form

Appendix D

- Checklist for Guardianships Buy Form

Appendix E

- Standing Order Regarding Access to Medical Records and Other Documents Buy Form

Appendix F

- Standing Order Regarding Attorney Access Buy Form

Appendix G

- Chapter 123 Buy Form

Appendix H

- Chapter 190B Buy Form

Appendix I

- Chapter 201D Buy Form

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