Request For Emergency Hearing

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) American LegalNet, Inc. www.FormsWorkFlow.com