You found out. Now what?
Maybe it’s the first time. Maybe it’s the tenth. Here’s what to do tonight, and what the words everybody’s throwing at you actually mean.
If someone is overdosing right now, call 911.
Won’t wake up, blue or gray lips, slow or no breathing: call 911 first. If you have Narcan (naloxone), use it. Pharmacies sell it over the counter.
You won’t get charged for calling. Massachusetts’ Good Samaritan law protects you and the person overdosing from drug possession charges when you call for help. Save the life first. Call Jimmy after.
What to do tonight
If nobody’s in danger right this minute, you have a little time. Use it well.
- Breathe. You’re not going to fix this tonight, and you don’t have to. You just need a plan.
- Don’t do it alone. One call with someone who knows the system beats hours of scared googling. That’s what Jimmy is for.
- Write down what you know. What they’re using, for how long, any court dates or charges, any past treatment.
- Don’t make threats you won’t keep. “Get help or you’re out” only works if you mean it. Talk it through with Jimmy before the big conversation.
- Take care of the rest of the house. Kids, other family, yourself. This is a long road, and you need to be standing at the end of it.
Section 35, in plain English
Section 35 is a Massachusetts law that lets certain people ask a court to involuntarily commit someone for substance use treatment, drugs or alcohol.
- Who can file
- A spouse, a blood relative, a guardian, a police officer, a physician, or a court official.
- Where
- Any Massachusetts district court, or any division of the juvenile court.
- What the judge decides
- Whether the person has a substance use disorder, and whether there’s a likelihood of serious harm because of it.
- How long
- Up to 90 days in a treatment facility, with reviews along the way. They can be released sooner.
- Their rights
- A hearing, the right to a lawyer (one is appointed if they can’t afford one), and an exam by a qualified clinician.
- After
- They can choose to stay on for more treatment, and the state offers case management for up to a year.
A Section 35 can save a life. It can also land someone somewhere that isn’t right for them, and in some cases that’s a secure facility run by a county sheriff. Families file them, and families sometimes fight to get them reversed so their person gets into a better program. Jimmy has helped with both.
When Donna Sandford’s daughter went missing in a crisis, Jimmy helped find her and handled both the Section 12 and the Section 35. “As her mother I was emotionally out of control. Jimmy would OFTEN call me… I will be FOREVER GRATEFUL.”
Before you file, talk to Jimmy. Sometimes a Section 35 is the right move. Sometimes there’s a better one.
Section 12, in plain English
Section 12 is an emergency psychiatric hold. It’s about mental health, not specifically substance use.
- Who can start one
- A physician, a nurse practitioner, a psychologist, or a licensed clinical social worker. Police can in an emergency.
- Why
- They believe that not hospitalizing the person would create a likelihood of serious harm because of mental illness.
- How long
- Up to 3 days. Then they’re released, unless the hospital asks a court for a longer commitment or the person agrees to stay.
- Their rights
- They must be offered voluntary admission, they can have a public defender, and they can ask for an emergency court hearing.
Three days goes fast. Families who call Jimmy during a Section 12 get help building a real treatment plan, the kind that can satisfy the hospital and get their person released into care instead of just released.
In Florida: the Marchman Act and the Baker Act
Jimmy works with attorneys in Florida too. Families there run into two laws that work a lot like the Massachusetts ones.
- The Marchman Act
- Florida’s version of a Section 35. It’s for substance use. A spouse, parent, guardian, adult relative, or any three adults who know firsthand about the person’s use can ask a Florida court for an involuntary assessment and treatment.
- The Baker Act
- Closer to a Section 12. It’s for mental health: an involuntary exam at a receiving facility, generally up to 72 hours, when someone may be a danger to themselves or others. It’s usually started by police, a doctor, a mental health professional, or a judge.
They’re easy to mix up. Call Jimmy before you file either one.
General information about Massachusetts law (M.G.L. c.123 §35, c.123 §12 and c.94C §34A) and Florida law (the Marchman Act, Fla. Stat. ch. 397, and the Baker Act, Fla. Stat. ch. 394), not legal advice. For legal questions, talk to a lawyer. Jimmy works alongside them.
Before you call Jimmy
You don’t need any of this to call. But if you have it handy, it helps:
- Who it is and how old they are
- What they’re using, as best you know, and for how long
- Where they are right now: home, hospital, jail, unknown
- Any charges, court dates, or a Section 35 or 12 already in motion
- Past treatment, and how it went
- Insurance, if they have it
Questions families ask
Can I call just to ask questions?
Yes. You don’t have to be ready to do anything.
Is this confidential?
Yes. Everything is confidential.
They’re already in court. Is it too late?
No. Court advocacy is a big part of what Jimmy does: building a treatment plan that gives the judge an alternative to jail. The sooner he’s involved before the next date, the better.
They’re being held under a Section 12. Can you help?
Yes. Jimmy builds treatment plans for people held under Section 12. One family’s loved one was released in 3 days with a plan in place.
Do you only work in Massachusetts?
No. Jimmy is based in Revere, but he does interventions all over the country and places people in treatment centers nationwide.
What if they say no?
Most people say no at first. That’s normal, and it’s exactly why a planned intervention exists. Call Jimmy before you try again.