Massachusetts Guidelines for Judicial Practice Abuse Prevention Proceedings Guideline 10:06

In unusual circumstances, and in addition to considering the issuance of abuse prevention orders, the court before which a c. 209A complaint is pending may consider whether a party is a proper subject for involuntary civil commitment under the provisions of G.L. c. 123, § 12.

Consideration of the use of civil commitment procedures should be restricted to extreme cases, consistent with the requirements of applicable law. If civil commitment does appear warranted, the court may inform the appropriate person of the right to file the required petition.

On occasion, the behavior of a party involved in a c. 209A action is such that involuntary civil commitment may be appropriate. The standard for such commitment is: (1) the party suffers from a “mental illness,” which for the purposes of involuntary commitment is defined as “a substantial disorder of thought, mood, perception, orientation, or memory which grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life, but shall not include intellectual or developmental disabilities, autism spectrum disorder, traumatic brain injury or psychiatric or behavioral disorders or symptoms due to another medical condition as provided in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), 5th edition published by the American Psychiatric Association, or except as provided in 104 CMR § 27.18, alcohol and substance use disorders; provided however, that the presence of such conditions co-occurring with a mental illness shall not disqualify a person who otherwise meets the criteria for admission to a mental health facility.” 104 CMR § 27.05(1)(promulgated by the Department of Mental Health); (2) poses a danger of serious harm, either to the person themself or to others; and, (3) there is no less restrictive alternative to commitment available. If it does appear at a c. 209A hearing that these tests may be met, the court should consider advising the appropriate person of the right to file the necessary petition for commitment pursuant to G.L. c. 123, § 12(e). Given the nature and ramifications of the civil commitment procedure, it would appear that its use should be limited to unusual cases.

In any event, the use of this procedure should be seen as an additional step rather than an alternative to the issuance of abuse prevention orders under c. 209A.