BOSTON, MA — The Lindsay Clancy murder trial is forcing renewed scrutiny of how Massachusetts law handles mental health crises in the home. Clancy has claimed she was not criminally responsible for the deaths of her children because of postpartum psychosis.
The case has also raised a broader question: what, if anything, the law requires to protect children when a parent appears to be in severe psychiatric distress.
Judge says Massachusetts commitment law does not require a suicide plan
Retired Massachusetts juvenile court Judge Carol Erskine said the legal standard for hospitalization is not limited to whether someone has outlined a specific suicide plan. She said the statute turns on a “likelihood of serious harm.”
According to Erskine, Massachusetts law includes three prongs under that standard, and the first covers suicide risk through a substantial risk of physical harm. She said it is incorrect to assume a person cannot be committed simply because no plan has been stated.
Erskine points to gaps between crisis care and child protection
Erskine said she sees a disconnect between the state’s mental health system and the legal steps available to protect children when a parent’s condition is deteriorating. She said child safety planning should not depend only on one agency stepping in after a crisis becomes obvious.
In her view, mental health providers are mandated reporters, but the status of children can still be overlooked when an adult is calling a crisis line or showing signs of suicidal thinking. She said the case suggests that no one appeared focused enough on the children before the tragedy.
Court experience shows possible safety options when DCF is involved
Erskine said that in child abuse cases involving serious mental illness, safety plans were sometimes created with the Department of Children and Families. In some situations, she said, custody could be granted to a grandparent instead of DCF taking custody.
She said those protections depend on intervention happening early enough. Her concern, she added, is that the Clancy case highlights what can happen when warning signs are not connected to a concrete plan for children in the home.
Mental health crisis resources available for new parents and others in distress
The NBC Boston report also noted crisis resources for people struggling with postpartum or other mental health emergencies. The National Maternal Mental Health Hotline is available at 833-TLC-MAMA, or 833-852-6262, at any time.
People in crisis can call or text 988 to reach the Suicide and Crisis Lifeline, or use 988lifeline.org to chat online. Additional support is available through SpeakingOfSuicide.com/resources.
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