Mass. Gen. Laws » Part I Title XVII Chapter 123
Massachusetts General Laws

Mass. Gen. Laws ch. 123, § 11 (2026)

Voluntary admissions; withdrawal; notice; examination; retention

✓ current as of July 2026
Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 11. Any person retained in a facility under the provisions of paragraph (a) of section 10 shall be free to leave such facility at any time, and a parent or guardian who requested the admission of such person may withdraw such person at any time, upon giving written notice to the superintendent. The superintendent may restrict the right to leave or withdraw to normal working hours and weekdays and, in the superintendent's discretion, may require persons or the parent or guardian of a person to give 3 days written notice of their intention to leave or withdraw. If a person or their parent or guardian is required to give 3 days notice of intention to leave or withdraw, an examination of the person may be conducted to determine their clinical progress, their suitability for discharge and to investigate other aspects of their case, including their legal competency and their family, home or community situation, in the interest of discharging them from the facility. The person may be retained at the facility beyond the expiration of the 3-day notice period if prior to the expiration of the 3-day notice period the superintendent files with the district court a petition for the commitment of the person at the facility. Before accepting an application for voluntary admission where the superintendent may require 3 days written notice of intention to leave or withdraw, the admitting or treating physician or qualified advanced practice registered nurse shall assess the person's capacity to understand that: (i) the person is agreeing to stay or remain at the hospital; (ii) the person is agreeing to accept treatment; (iii) the person is required to provide the facility with 3 days written advance notice of the person's intention to leave the facility; and (iv) the facility may petition a court for an extended commitment of the person and that the person may be held at the facility until the petition is heard by the court. If the physician or qualified advanced practice registered nurse determines that the person lacks the capacity to understand these facts and consequences of hospitalization, the application shall not be accepted.

Notes of Decisions
Cited in 11 cases, 1975–2018 · leading case: Segal v. First Psychiatric Planners, Inc., 864 N.E.2d 574 (Mass. App. Ct. 2007).
Sort: Relevance Newest Treatment
Segal v. First Psychiatric Planners, Inc., 864 N.E.2d 574 (Mass. App. Ct. 2007). · cites it 7× “5 In her opposition to the motion, and again in her motion subsequent to the determination of the tribunal, the plaintiff claimed that, contrary to the requirements of G. L. c. 123, § 11, she was formally admitted into the hospital either without, or at the least before, a…”
Williams v. Hartman, 597 N.E.2d 1024 (Mass. 1992). · cites it 2× “G.L.c. 123, § 11 (1990 ed.). Plaintiff's counsel's "admission" falls far short of demonstrating that Brenda Sue Williams, who, as the court notes, ante at 399-400, "suffered from several physical and mental disabilities" and whose long-term residency at Fuller began with an…”
Acting Superintendent of Bournewood Hosp. v. Baker, 725 N.E.2d 552 (Mass. 2000). · cites it 2× “miss, in which she claimed that the acting superintendent of the hospital lacked authority to petition for her commitment and that the District Court lacked jurisdiction over the subject matter of the petitions because Baker was a “conditional voluntary” 2 patient of the…”
Cohen v. Bolduc, 435 Mass. 608 (Mass. 2002). “See G. L. c. 123, § 11. The hospital was correct to do so.”
In re Bolduc, 2001 Mass. App. Div. 4 (Mass. Dist. Ct., App. Div. 2001). · cites it 4× “Bolduc’s G.L.c. 123, §11 three day notice of her intention to leave that mental health facility at which she had been retained on a conditional voluntary basis.”
In re M.C., 2015 Mass. App. Div. 174 (Mass. Dist. Ct., App. Div. 2015). · cites it 3× “” See G.L.c. 123, §11. However, §11 also authorizes a hospital to require from an admitted person a three-day notice of intent to leave.”
Superintendent of Medfield State Hosp. v. Bryan, 1986 Mass. App. Div. 67 (Mass. Dist. Ct., App. Div. 1986). “Sometime thereafter, Tracy Bryan gave a three-day notice under the provisions of G.L. c. 123, § 11, of her intention to leave the facility.”
Northampton State Hosp. v. Moore, 336 N.E.2d 856 (Mass. 1975). “The appellant seeks to raise a question regarding the constitutionality of provisions for so called “conditional voluntary admissions” to mental health facilities (see G. L. c. 123, § 11), but even if the question were available on this appeal although not mentioned in the…”
Clifford v. Universal Health Servs., Inc., 102 N.E.3d 1031 (Mass. App. Ct. 2018). “" See G. L. c. 123, § 11. On July 6, 2012, Dr. Diego Martinucci evaluated Erin, provided her with an after-care treatment plan, and discharged her.”
In re J.B., 2015 Mass. App. Div. 144 (Mass. Dist. Ct., App. Div. 2015). “, through counsel, filed a motion to dismiss the petition for commitment, asserting that his July 7, 2014 verbal statement that he did not want to be there should have been treated as notice of his intention to leave the Hospital, and that the Hospital was required to file a…”
Soremekun v. Wilkinson, 2000 Mass. App. Div. 87 (Mass. Dist. Ct., App. Div. 2000). “On June 14,1999, the Appellant exercised his right as a conditional voluntary patient to notify the center of his intent to leave the facility within three days pursuant to G.L.c. 123, §11. On June 18,1999, the Appellee filed the Petitions against the Appellant pursuant to G.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.