Section 11.16 - Commitment to a Mental Health Facility(1)Definition. Mental health facility means a public or private facility for the inpatient care or treatment or diagnosis or evaluation of mentally ill or mentally retarded persons, except for the Bridgewater State Hospital. See M.G.L. c. 123, § 1. Community residential care facilities for children (as defined at 110 CMR 7.120) are not mental health facilities for purposes of 110 CMR 11.00.
(2)Consent by Child if 16 Years of Age or Older. Any child who has attained 16 years of age may apply for voluntary admission to a mental health facility. In the case of such an application by the child, no additional consent either from the Department or from parents is necessary. See M.G.L. c. 123, § 10(a).(3)Consent by Parent. A parent may consent to the admission of their child to a mental health facility when:(a) the child is in the care of the Department and is under 16 years of age; or(b) the child is in the care of the Department and is between 16 and 18 years of age and does not consent to admission to a mental health facility.(4)Consent by Department Area or Regional Director. The Department (by an Area or Regional Director only) may consent to the admission of a person: (a)custody: in the custody of the Department(b)care: in the care of the Department if that person's parent(s) is unavailable for consultation or if that person's parent(s) after consultation consent or authorize the Department to consent; but the Department may not consent to the admission of a person in the care of the Department if that person's parent(s) after consultation refuse to consent or refuse to authorize the Department to consent(c)ward: who is a ward of the Department only if the Department as guardian has the specific power to consent to the admission of the ward to a mental health facility for an initial period of time not to exceed a maximum of 90 days.(5)Judicial Review after 90 Days. In any case where the Department has consented to the admission of a person to a mental health facility, the Department shall seek judicial review before it consents to an extension of the admission of such person to a mental health facility beyond a period of 90 days.(6)Antipsychotic Drugs. The determination of who may consent to the administration of antipsychotic drugs to a child shall be made according to 110 CMR 11.14.Amended by Mass Register Issue 1475, eff. 8/5/2022.