Code of Massachusetts Regulations
118 CMR - DISABLED PERSONS PROTECTION COMMISSION
Title 118 CMR 8.00 - Petition For Protective Order
Section 8.03 - Emergency Petitions
Universal Citation: 118 MA Code of Regs 118.8
Current through Register 1531, September 27, 2024
(1) Emergency Petitions.
(a) Upon determining that:
1. an emergency exists; and
2. the person with a disability lacks the
capacity to consent to the provision of protective services, the Commission,
the Department of Mental Health, the Department of Developmental Services, the
Massachusetts Rehabilitation Commission, a caretaker or a member of the
immediate family of the person with a disability may petition the Probate and
Family Court for the county where the person with a disability resides, for an
emergency order of protective services.
(b) Each petition for an emergency order of
protective services shall contain a statement of the specific facts upon which
the petitioner relies in seeking such determination.
(2) Emergency Hearings.
(a) Pursuant to the
authority granted it by M.G.L. c. 19C, § 7, the Court shall:
1. give notice to the person with a
disability who is the subject of the petition at least 24 hours prior to the
hearing. The court may dispense with notice upon finding that immediate and
reasonably foreseeable harm to the person with a disability or others will
result from the 24-hour delay and that reasonable attempts have been made to
give such notice;
2. appoint
counsel to represent the subject of the petition if he or she is
indigent;
3. appoint a guardian
ad litem to represent the interest of the subject of the
petition regarding the right to counsel if the court determines that he or she
lacks the capacity to waive the right of counsel;
4. hold a hearing on an emergency petition
for protective services no more than 72 hours of its being filed; and
5. issue an appropriate order.
(b) No more than 144 hours after
the issuance date of the original order authorizing the provision of emergency
protective services, the original petitioner may petition the court to:
1. continue emergency protective services
with the consent of the person with a disability pursuant to
118 CMR
7.02(1);
2. continue emergency protective services
pursuant to the previously entered order of the court for an additional
duration as determined appropriate by the court; or
3. entertain a petition for the appointment
of a guardian or a conservator.
(c) If the court entertains a petition for
the appointment of a guardian or conservator, the court, for good cause shown,
may order continued protective services as part of its determination regarding
such petition.
(d) If an order to
continue emergency protective services is issued, it must state the services to
be provided and designate an individual or agency to be responsible for
performing or obtaining the services required by the person with a
disability.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
