CHAPTER 573. EMERGENCY DETENTION

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-573-emergency-detention

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE C. TEXAS MENTAL HEALTH CODE

CHAPTER 573. EMERGENCY DETENTION

SUBCHAPTER A. APPREHENSION BY PEACE OFFICER OR TRANSPORTATION FOR

EMERGENCY DETENTION BY GUARDIAN

Sec. 573.001. APPREHENSION BY PEACE OFFICER WITHOUT WARRANT.

(a) A peace officer, without a warrant, may take a person into

custody if the officer:

(1) has reason to believe and does believe that:

(A) the person is mentally ill; and

(B) because of that mental illness there is a substantial risk

of serious harm to the person or to others unless the person is

immediately restrained; and

(2) believes that there is not sufficient time to obtain a

warrant before taking the person into custody.

(b) A substantial risk of serious harm to the person or others

under Subsection (a)(1)(B) may be demonstrated by:

(1) the person's behavior; or

(2) evidence of severe emotional distress and deterioration in

the person's mental condition to the extent that the person

cannot remain at liberty.

the criteria for apprehension:

(1) from a representation of a credible person; or

(2) on the basis of the conduct of the apprehended person or the

circumstances under which the apprehended person is found.

(d) A peace officer who takes a person into custody under

Subsection (a) shall immediately transport the apprehended person

to:

(1) the nearest appropriate inpatient mental health facility; or

(2) a mental health facility deemed suitable by the local mental

health authority, if an appropriate inpatient mental health

facility is not available.

(e) A jail or similar detention facility may not be deemed

suitable except in an extreme emergency.

(f) A person detained in a jail or a nonmedical facility shall

be kept separate from any person who is charged with or convicted

of a crime.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2001, 77th Leg., ch. 367, Sec. 5, eff.

Sept. 1, 2001.

Sec. 573.002. PEACE OFFICER'S APPLICATION FOR DETENTION. (a) A

peace officer shall immediately file an application for detention

after transporting a person to a facility under Section 573.001.

(b) The application for detention must contain:

(1) a statement that the officer has reason to believe and does

believe that the person evidences mental illness;

(2) a statement that the officer has reason to believe and does

believe that the person evidences a substantial risk of serious

harm to himself or others;

(3) a specific description of the risk of harm;

(4) a statement that the officer has reason to believe and does

believe that the risk of harm is imminent unless the person is

immediately restrained;

(5) a statement that the officer's beliefs are derived from

specific recent behavior, overt acts, attempts, or threats that

were observed by or reliably reported to the officer;

(6) a detailed description of the specific behavior, acts,

attempts, or threats; and

(7) the name and relationship to the apprehended person of any

person who reported or observed the behavior, acts, attempts, or

threats.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 573.003. TRANSPORTATION FOR EMERGENCY DETENTION BY

GUARDIAN. (a) A guardian of the person of a ward who is 18

years of age or older, without the assistance of a peace officer,

may transport the ward to an inpatient mental health facility for

a preliminary examination in accordance with Section 573.021 if

the guardian has reason to believe and does believe that:

(1) the ward is mentally ill; and

(2) because of that mental illness there is a substantial risk

of serious harm to the ward or to others unless the ward is

immediately restrained.

(b) A substantial risk of serious harm to the ward or others

under Subsection (a)(2) may be demonstrated by:

(1) the ward's behavior; or

(2) evidence of severe emotional distress and deterioration in

the ward's mental condition to the extent that the ward cannot

remain at liberty.

Added by Acts 2003, 78th Leg., ch. 692, Sec. 6, eff. Sept. 1,

2003.

Sec. 573.004. GUARDIAN'S APPLICATION FOR EMERGENCY DETENTION.

(a) After transporting a ward to a facility under Section

573.003, a guardian shall immediately file an application for

detention with the facility.

(b) The application for detention must contain:

(1) a statement that the guardian has reason to believe and does

believe that the ward evidences mental illness;

(2) a statement that the guardian has reason to believe and does

believe that the ward evidences a substantial risk of serious

harm to the ward or others;

(3) a specific description of the risk of harm;

(4) a statement that the guardian has reason to believe and does

believe that the risk of harm is imminent unless the ward is

immediately restrained;

(5) a statement that the guardian's beliefs are derived from

specific recent behavior, overt acts, attempts, or threats that

were observed by the guardian; and

(6) a detailed description of the specific behavior, acts,

attempts, or threats.

filing of an application under this section to the court that

granted the guardianship.

Added by Acts 2003, 78th Leg., ch. 692, Sec. 6, eff. Sept. 1,

2003.

SUBCHAPTER B. JUDGE'S OR MAGISTRATE'S ORDER FOR EMERGENCY

APPREHENSION AND DETENTION

Sec. 573.011. APPLICATION FOR EMERGENCY DETENTION. (a) An

adult may file a written application for the emergency detention

of another person.

(b) The application must state:

(1) that the applicant has reason to believe and does believe

that the person evidences mental illness;

(2) that the applicant has reason to believe and does believe

that the person evidences a substantial risk of serious harm to

himself or others;

(3) a specific description of the risk of harm;

(4) that the applicant has reason to believe and does believe

that the risk of harm is imminent unless the person is

immediately restrained;

(5) that the applicant's beliefs are derived from specific

recent behavior, overt acts, attempts, or threats;

(6) a detailed description of the specific behavior, acts,

attempts, or threats; and

(7) a detailed description of the applicant's relationship to

the person whose detention is sought.

information.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 573.012. ISSUANCE OF WARRANT. (a) Except as provided by

Subsection (h), an applicant for emergency detention must present

the application personally to a judge or magistrate. The judge

or magistrate shall examine the application and may interview the

applicant. Except as provided by Subsection (g), the judge of a

court with probate jurisdiction by administrative order may

provide that the application must be:

(1) presented personally to the court; or

(2) retained by court staff and presented to another judge or

magistrate as soon as is practicable if the judge of the court is

not available at the time the application is presented.

(b) The magistrate shall deny the application unless the

magistrate finds that there is reasonable cause to believe that:

(1) the person evidences mental illness;

(2) the person evidences a substantial risk of serious harm to

himself or others;

(3) the risk of harm is imminent unless the person is

immediately restrained; and

(4) the necessary restraint cannot be accomplished without

emergency detention.

under Subsection (b)(2) may be demonstrated by:

(1) the person's behavior; or

(2) evidence of severe emotional distress and deterioration in

the person's mental condition to the extent that the person

cannot remain at liberty.

(d) The magistrate shall issue to an on-duty peace officer a

warrant for the person's immediate apprehension if the magistrate

finds that each criterion under Subsection (b) is satisfied.

(e) A person apprehended under this section shall be transported

for a preliminary examination in accordance with Section 573.021

to:

(1) the nearest appropriate inpatient mental health facility; or

(2) a mental health facility deemed suitable by the local mental

health authority, if an appropriate inpatient mental health

facility is not available.

(f) The warrant serves as an application for detention in the

facility. The warrant and a copy of the application for the

warrant shall be immediately transmitted to the facility.

(g) If there is more than one court with probate jurisdiction in

a county, an administrative order regarding presentation of an

application must be jointly issued by all of the judges of those

courts.

(h) A judge or magistrate may permit an applicant who is a

physician to present an application by secure electronic means,

including satellite transmission, closed-circuit television

transmission, or any other method of two-way electronic

communication that:

(1) is secure;

(2) is available to the judge or magistrate; and

(3) provides for a simultaneous, compressed full-motion video

and interactive communication of image and sound between the

judge or magistrate and the applicant.

(i) The judge or magistrate shall provide for a recording of the

presentation of an application under Subsection (h) to be made

and preserved until the patient or proposed patient has been

released or discharged. The patient or proposed patient may

obtain a copy of the recording on payment of a reasonable amount

to cover the costs of reproduction or, if the patient or proposed

patient is indigent, the court shall provide a copy on the

request of the patient or proposed patient without charging a

cost for the copy.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec.

5.19, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 243, Sec. 3,

eff. Aug. 28, 1995; Acts 2001, 77th Leg., ch. 367, Sec. 6, eff.

Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1145, Sec. 1, eff. September 1, 2007.

SUBCHAPTER C. EMERGENCY DETENTION, RELEASE, AND RIGHTS

Sec. 573.021. PRELIMINARY EXAMINATION. (a) A facility shall

temporarily accept a person for whom an application for detention

is filed.

(b) A person accepted for a preliminary examination may be

detained in custody for not longer than 48 hours after the time

the person is presented to the facility unless a written order

for protective custody is obtained. The 48-hour period allowed

by this section includes any time the patient spends waiting in

the facility for medical care before the person receives the

preliminary examination. If the 48-hour period ends on a

Saturday, Sunday, legal holiday, or before 4 p.m. on the first

succeeding business day, the person may be detained until 4 p.m.

on the first succeeding business day. If the 48-hour period ends

at a different time, the person may be detained only until 4 p.m.

on the day the 48-hour period ends. If extremely hazardous

weather conditions exist or a disaster occurs, the presiding

judge or magistrate may, by written order made each day, extend

by an additional 24 hours the period during which the person may

be detained. The written order must declare that an emergency

exists because of the weather or the occurrence of a disaster.

within 12 hours after the time the person is apprehended by the

peace officer or transported for emergency detention by the

person's guardian.

(d) A facility must comply with this section only to the extent

that the commissioner determines that a facility has sufficient

resources to perform the necessary services under this section.

(e) A person may not be detained in a private mental health

facility without the consent of the facility administrator.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2001, 77th Leg., ch. 623, Sec. 1, eff. June

11, 2001; Acts 2003, 78th Leg., ch. 692, Sec. 7, eff. Sept. 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

202, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

333, Sec. 1, eff. June 19, 2009.

Sec. 573.022. EMERGENCY ADMISSION AND DETENTION. (a) A person

may be admitted to a facility for emergency detention only if the

physician who conducted the preliminary examination of the person

makes a written statement that:

(1) is acceptable to the facility;

(2) states that after a preliminary examination it is the

physician's opinion that:

(A) the person is mentally ill;

(B) the person evidences a substantial risk of serious harm to

himself or others;

immediately restrained; and

(D) emergency detention is the least restrictive means by which

the necessary restraint may be accomplished; and

(3) includes:

(A) a description of the nature of the person's mental illness;

(B) a specific description of the risk of harm the person

evidences that may be demonstrated either by the person's

behavior or by evidence of severe emotional distress and

deterioration in the person's mental condition to the extent that

the person cannot remain at liberty; and

formed the opinion in Subdivision (2).

(b) A mental health facility that has admitted a person for

emergency detention under this section may transport the person

to a mental health facility deemed suitable by the local mental

health authority for the area. On the request of the local mental

health authority, the judge may order that the proposed patient

be detained in a department mental health facility.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1999, 76th Leg., ch. 842, Sec. 1, eff. June

18, 1999; Acts 2001, 77th Leg., ch. 367, Sec. 7, eff. Sept. 1,

2001.

Sec. 573.023. RELEASE FROM EMERGENCY DETENTION. (a) A person

apprehended by a peace officer or transported for emergency

detention under Subchapter A or detained under Subchapter B shall

be released on completion of the preliminary examination unless

the person is admitted to a facility under Section 573.022.

(b) A person admitted to a facility under Section 573.022 shall

be released if the facility administrator determines at any time

during the emergency detention period that one of the criteria

prescribed by Section 573.022(2) no longer applies.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2003, 78th Leg., ch. 692, Sec. 8, eff.

Sept. 1, 2003.

Sec. 573.024. TRANSPORTATION AFTER RELEASE. (a) Arrangements

shall be made to transport a person who is entitled to release

under Section 573.023 to:

(1) the location of the person's apprehension;

(2) the person's residence in this state; or

(3) another suitable location.

(b) Subsection (a) does not apply to a person who is arrested or

who objects to the transportation.

Subchapter A, arrangements must be made to immediately transport

the person. If the person was transported for emergency detention

under Subchapter A or detained under Subchapter B, the person is

entitled to reasonably prompt transportation.

(d) The county in which the person was apprehended shall pay the

costs of transporting the person.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2003, 78th Leg., ch. 692, Sec. 9, eff.

Sept. 1, 2003.

Sec. 573.025. RIGHTS OF PERSONS APPREHENDED, DETAINED, OR

TRANSPORTED FOR EMERGENCY DETENTION. (a) A person apprehended,

detained, or transported for emergency detention under this

chapter has the right:

(1) to be advised of the location of detention, the reasons for

the detention, and the fact that the detention could result in a

longer period of involuntary commitment;

(2) to a reasonable opportunity to communicate with and retain

an attorney;

(3) to be transported to a location as provided by Section

573.024 if the person is not admitted for emergency detention,

unless the person is arrested or objects;

(4) to be released from a facility as provided by Section

573.023;

(5) to be advised that communications with a mental health

professional may be used in proceedings for further detention;

and

(6) to be transported in accordance with Sections 573.026 and

574.045, if the person is detained under Section 573.022 or

transported under an order of protective custody under Section

574.023.

(b) A person apprehended, detained, or transported for emergency

detention under this subtitle shall be informed of the rights

provided by this section:

(1) orally in simple, nontechnical terms, within 24 hours after

the time the person is admitted to a facility, and in writing in

the person's primary language if possible; or

(2) through the use of a means reasonably calculated to

communicate with a hearing or visually impaired person, if

applicable.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1999, 76th Leg., ch. 1512, Sec. 2, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 692, Sec. 10, eff. Sept.

1, 2003.

Sec. 573.026. TRANSPORTATION AFTER DETENTION. A person being

transported after detention under Section 573.022 shall be

transported in accordance with Section 574.045.

Added by Acts 1999, 76th Leg., ch. 1512, Sec. 3, eff. Sept. 1,

1999.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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