NCJ Number
158355
Journal
New England Journal on Criminal and Civil Commitment Volume: 21 Issue: 2 Dated: (Summer 1995) Pages: 543-574
Date Published
1995
Length
32 pages
Annotation
This article explores how Massachusetts provides treatment and protection for children through legal and mental health systems; the focus is on when to commit juveniles to mental health facilities, who should make such determinations, the potential for abuse, and the need for juveniles to have a separate voice to protect against being erroneously committed to mental health facilities.
Abstract
In the past, the Massachusetts Department of Social Services has bypassed the few existing safeguards, denied children procedural due process, and committed them to mental health facilities. More recently, by enacting a comprehensive procedure for admitting children to mental institutions, the Massachusetts legislature has taken a significant step toward equalizing the protection afforded adults and children. In civil commitment cases, due process demands that all persons have the opportunity for a full adversarial hearing with legal representation. The civil commitment process is described with respect to voluntary admission, conditional voluntary admission, involuntary commitment, and court-ordered commitment, and relevant U.S. Supreme Court rulings are noted. 264 footnotes