CHAPTER 574. COURT-ORDERED MENTAL HEALTH SERVICES

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-574-court-ordered-mental-health-services

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE C. TEXAS MENTAL HEALTH CODE

CHAPTER 574. COURT-ORDERED MENTAL HEALTH SERVICES

SUBCHAPTER A. APPLICATION FOR COMMITMENT AND PREHEARING

PROCEDURES

Sec. 574.001. APPLICATION FOR COURT-ORDERED MENTAL HEALTH

SERVICES. (a) A county or district attorney or other adult may

file a sworn written application for court-ordered mental health

services. Only the district or county attorney may file an

application that is not accompanied by a certificate of medical

examination.

(b) Except as provided by Subsection (f), the application must

be filed with the county clerk in the county in which the

proposed patient:

(1) resides;

(2) is found; or

(3) is receiving mental health services by court order or under

Subchapter A, Chapter 573.

proposed patient resides, the court may, on request of the

proposed patient or the proposed patient's attorney and if good

cause is shown, transfer the application to that county.

(d) An application may be transferred to the county in which the

person is being detained under Subchapter B if the county to

which the application is to be transferred approves such

transfer. A transfer under this subsection does not preclude the

proposed patient from filing a motion to transfer under

Subsection (c).

(e) An order transferring a criminal defendant against whom all

charges have been dismissed to the appropriate court for a

hearing on court-ordered mental health services in accordance

with Subchapter F, Chapter 46B, Code of Criminal Procedure,

serves as an application under this section. The order must state

that all charges have been dismissed.

(f) An application in which the proposed patient is a child in

the custody of the Texas Youth Commission may be filed in the

county in which the child's commitment to the commission was

ordered.

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

1991. Amended by Acts 1995, 74th Leg., ch. 770, Sec. 4, eff. June

16, 1995; Acts 1997, 75th Leg., ch. 1086, Sec. 38, eff. June 19,

1997; Acts 2003, 78th Leg., ch. 35, Sec. 10, eff. Jan. 1, 2004.

Sec. 574.002. FORM OF APPLICATION. (a) An application for

court-ordered mental health services must be styled using the

proposed patient's initials and not the proposed patient's full

name.

(b) The application must state whether the application is for

temporary or extended mental health services. An application for

extended mental health services must state that the person has

received court-ordered inpatient mental health services under

this subtitle or under Subchapter D or E, Chapter 46B, Code of

Criminal Procedure, for at least 60 consecutive days during the

preceding 12 months.

according to the applicant's information and belief:

(1) the proposed patient's name and address;

(2) the proposed patient's county of residence in this state;

(3) a statement that the proposed patient is mentally ill and

meets the criteria in Section 574.034 or 574.035 for

court-ordered mental health services; and

(4) whether the proposed patient is charged with a criminal

offense.

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

1991. Amended by Acts 2003, 78th Leg., ch. 35, Sec. 11, eff. Jan.

1, 2004.

Sec. 574.003. APPOINTMENT OF ATTORNEY. (a) The judge shall

appoint an attorney to represent a proposed patient within 24

hours after the time an application for court-ordered mental

health services is filed if the proposed patient does not have an

attorney. At that time, the judge shall also appoint a language

or sign interpreter if necessary to ensure effective

communication with the attorney in the proposed patient's primary

language.

(b) The court shall inform the attorney in writing of the

attorney's duties under Section 574.004.

records and papers in the case and is entitled to have access to

all hospital and physicians' records.

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

1991.

Sec. 574.004. DUTIES OF ATTORNEY. (a) An attorney representing

a proposed patient shall interview the proposed patient within a

reasonable time before the date of the hearing on the

application.

(b) The attorney shall thoroughly discuss with the proposed

patient the law and facts of the case, the proposed patient's

options, and the grounds on which the court-ordered mental health

services are being sought. A court-appointed attorney shall also

inform the proposed patient that the proposed patient may obtain

personal legal counsel at the proposed patient's expense instead

of accepting the court-appointed counsel.

of agreeing to or resisting efforts to provide mental health

services, but the proposed patient shall make the decision to

agree to or resist the efforts. Regardless of an attorney's

personal opinion, the attorney shall use all reasonable efforts

within the bounds of law to advocate the proposed patient's right

to avoid court-ordered mental health services if the proposed

patient expresses a desire to avoid the services. If the proposed

patient desires, the attorney shall advocate for the least

restrictive treatment alternatives to court-ordered inpatient

mental health services.

(d) Before a hearing, the attorney shall:

(1) review the application, the certificates of medical

examination for mental illness, and the proposed patient's

relevant medical records;

(2) interview supporting witnesses and other witnesses who will

testify at the hearing; and

(3) explore the least restrictive treatment alternatives to

court-ordered inpatient mental health services.

(e) The attorney shall advise the proposed patient of the

proposed patient's right to attend a hearing or to waive the

right to attend a hearing and shall inform the court why a

proposed patient is absent from a hearing.

(f) The attorney shall discuss with the proposed patient:

(1) the procedures for appeal, release, and discharge if the

court orders participation in mental health services; and

(2) other rights the proposed patient may have during the period

of the court's order.

(g) To withdraw from a case after interviewing a proposed

patient, an attorney must file a motion to withdraw with the

court. The court shall act on the motion as soon as possible. An

attorney may not withdraw from a case unless the withdrawal is

authorized by court order.

(h) The attorney is responsible for a person's legal

representation until:

(1) the application is dismissed;

(2) an appeal from an order directing treatment is taken;

(3) the time for giving notice of appeal expires by operation of

law; or

(4) another attorney assumes responsibility for the case.

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

1991.

Sec. 574.005. SETTING ON APPLICATION. (a) The judge or a

magistrate designated under Section 574.021(e) shall set a date

for a hearing to be held within 14 days after the date on which

the application is filed.

(b) The hearing may not be held during the first three days

after the application is filed if the proposed patient or the

proposed patient's attorney objects.

on the motion by a party and for good cause shown or on agreement

of the parties. However, the hearing shall be held not later than

the 30th day after the date on which the original application is

filed. If extremely hazardous weather conditions exist or a

disaster occurs that threatens the safety of the proposed patient

or other essential parties to the hearing, the judge or

magistrate may, by written order made each day, postpone the

hearing for 24 hours. The written order must declare that an

emergency exists because of the weather or the occurrence of a

disaster.

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

1991.

Sec. 574.006. NOTICE. (a) The proposed patient and his

attorney are entitled to receive a copy of the application and

written notice of the time and place of the hearing immediately

after the date for the hearing is set.

(b) A copy of the application and the written notice shall be

delivered in person or sent by certified mail to the proposed

patient's:

(1) parent, if the proposed patient is a minor;

(2) appointed guardian, if the proposed patient is the subject

of a guardianship; or

(3) each managing and possessory conservator that has been

appointed for the proposed patient.

the relative is the applicant and the parent cannot be located

and a guardian or conservator has not been appointed.

(d) Notice of the time and place of any hearing and of the name,

telephone number, and address of any attorneys known or believed

to represent the state or the proposed patient shall be furnished

to any person stating that that person has evidence to present

upon any material issue, without regard to whether such evidence

is on behalf of the state or of the proposed patient. The notice

shall not include the application, medical records, names or

addresses of other potential witnesses, or any other information

whatsoever. Any clerk, judge, magistrate, court coordinator, or

other officer of the court shall provide such information and

shall be entitled to judicial immunity in any civil suit seeking

damages as a result of providing such notice. Should such

evidence be offered at trial and the adverse party claim

surprise, the hearing may be continued under the provisions of

Section 574.005, and the person producing such evidence shall be

entitled to timely notice of the date and time of such

continuance.

Any officer, employee, or agent of the department shall refer any

inquiring person to the court authorized to provide the notice if

such information is in the possession of the department. The

notice shall be provided in the form that is most understandable

to the person making such inquiry.

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

1991. Amended by Acts 1995, 74th Leg., ch. 623, Sec. 1, eff. Aug.

28, 1995.

Sec. 574.007. DISCLOSURE OF INFORMATION. (a) The proposed

patient's attorney may request information from the county or

district attorney in accordance with this section if the attorney

cannot otherwise obtain the information.

(b) If the proposed patient's attorney requests the information

at least 48 hours before the time set for the hearing, the county

or district attorney shall, within a reasonable time before the

hearing, provide the attorney with a statement that includes:

(1) the provisions of this subtitle that will be relied on at

the hearing to establish that the proposed patient requires

court-ordered temporary or extended inpatient mental health

services;

(2) the reasons voluntary outpatient services are not considered

appropriate for the proposed patient;

(3) the name, address, and telephone number of each witness who

may testify at the hearing;

(4) a brief description of the reasons court-ordered temporary

or extended inpatient or outpatient, as appropriate, mental

health services are required; and

(5) a list of any acts committed by the proposed patient that

the applicant will attempt to prove at the hearing.

that relates to matters not disclosed under Subsection (b) if the

admission would not deprive the proposed patient of a fair

opportunity to contest the evidence or testimony.

(d) Except as provided by this subsection, not later than 48

hours before the time set for the hearing on the petition for

commitment, the county or district attorney shall inform the

proposed patient through the proposed patient's attorney whether

the county or district attorney will request that the proposed

patient be committed to inpatient services or outpatient

services. The proposed patient, the proposed patient's attorney,

and the county or district attorney may agree to waive the

requirement of this subsection. The waiver must be made by the

proposed patient:

(1) orally and in the presence of the court; or

(2) in writing and signed and sworn to under oath by the

proposed patient and the proposed patient's attorney.

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

1991. Amended by Acts 1997, 75th Leg., ch. 744, Sec. 1, eff.

Sept. 1, 1997.

Sec. 574.008. COURT JURISDICTION AND TRANSFER. (a) A

proceeding under Subchapter C or E must be held in the statutory

or constitutional county court that has the jurisdiction of a

probate court in mental illness matters.

(b) If the hearing is to be held in a county court in which the

judge is not a licensed attorney, the proposed patient or the

proposed patient's attorney may request that the proceeding be

transferred to a court with a judge who is licensed to practice

law in this state. The county judge shall transfer the case after

receiving the request and the receiving court shall hear the case

as if it had been originally filed in that court.

services in a county other than the county that initiated the

court-ordered inpatient mental health services and the patient

requires extended inpatient mental health services, the county in

which the proceedings originated shall pay the expenses of

transporting the patient back to the county for the hearing

unless the court that entered the temporary order arranges with

the appropriate court in the county in which the patient is

receiving services to hold the hearing on court-ordered extended

inpatient mental health services before the original order

expires.

(d) If an order for outpatient services designates that such

services be provided in a county other than the county in which

the order was initiated, the court shall transfer the case to the

appropriate court in the county in which the services are being

provided. That court shall thereafter have exclusive, continuing

jurisdiction of the case, including the receipt of the general

treatment program required by Section 574.037(b).

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

1991. Amended by Acts 1995, 74th Leg., ch. 770, Sec. 5, eff. June

16, 1995.

Sec. 574.0085. ASSOCIATE JUDGES. (a) The county judge may

appoint a full-time or a part-time associate judge to preside

over the proceedings for court-ordered mental health services if

the commissioners court of a county in which the court has

jurisdiction authorizes the employment of an associate judge.

(b) To be eligible for appointment as an associate judge, a

person must be a resident of this state and have been licensed to

practice law in this state for at least four years or be a

retired county judge, statutory or constitutional, with at least

10 years of service.

commissioners court of the county in which the associate judge

serves. If an associate judge serves in more than one county,

the associate judge shall be paid as determined by agreement of

the commissioners courts of the counties in which the associate

judge serves. The associate judge may be paid from county funds

available for payment of officers' salaries.

(d) An associate judge who serves a single court serves at the

will of the judge of that court. The services of an associate

judge who serves more than two courts may be terminated by a

majority vote of all the judges of the courts the associate judge

serves. The services of an associate judge who serves two courts

may be terminated by either of the judges of the courts the

associate judge serves.

(e) To refer cases to an associate judge, the referring court

must issue an order of referral. The order of referral may limit

the power or duties of an associate judge.

(f) Except as limited by an order of referral, an associate

judge appointed under this section has all the powers and duties

set forth in Section 201.007, Family Code.

(g) A bailiff may attend a hearing held by an associate judge if

directed by the referring court.

(h) A witness appearing before an associate judge is subject to

the penalties for perjury provided by law. A referring court may

issue attachment against and may fine or imprison a witness whose

failure to appear before an associate judge after being summoned

or whose refusal to answer questions has been certified to the

court.

(i) At the conclusion of any hearing conducted by an associate

judge and on the preparation of an associate judge's report, the

associate judge shall transmit to the referring court all papers

relating to the case, with the associate judge's signed and dated

report. After the associate judge's report has been signed, the

associate judge shall give to the parties participating in the

hearing notice of the substance of the report. The associate

judge's report may contain the associate judge's findings,

conclusions, or recommendations. The associate judge's report

must be in writing in a form as the referring court may direct.

The form may be a notation on the referring court's docket sheet.

After the associate judge's report is filed, the referring court

may adopt, approve, or reject the associate judge's report, hear

further evidence, or recommit the matter for further proceedings

as the referring court considers proper and necessary in the

particular circumstances of the case.

(j) If a jury trial is demanded or required, the associate judge

shall refer the entire matter back to the referring court for

trial.

(k) An associate judge appointed under this section has the

judicial immunity of a county judge.

(l) An associate judge appointed in accordance with this section

shall comply with the Code of Judicial Conduct in the same manner

as the county judge.

Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.47, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 770, Sec. 6, eff. June

16, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 7.45, eff. Sept. 1,

1997.

Amended by:

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

334, Sec. 3, eff. September 1, 2009.

Sec. 574.009. REQUIREMENT OF MEDICAL EXAMINATION. (a) A

hearing on an application for court-ordered mental health

services may not be held unless there are on file with the court

at least two certificates of medical examination for mental

illness completed by different physicians each of whom has

examined the proposed patient during the preceding 30 days. At

least one of the physicians must be a psychiatrist if a

psychiatrist is available in the county.

(b) If the certificates are not filed with the application, the

judge or magistrate designated under Section 574.021(e) may

appoint the necessary physicians to examine the proposed patient

and file the certificates.

patient to submit to the examination and may issue a warrant

authorizing a peace officer to take the proposed patient into

custody for the examination.

(d) If the certificates required under this section are not on

file at the time set for the hearing on the application, the

judge shall dismiss the application and order the immediate

release of the proposed patient if that person is not at liberty.

If extremely hazardous weather conditions exist or a disaster

occurs, the presiding judge or magistrate may by written order

made each day extend the period during which the two certificates

of medical examination for mental illness may be filed, and the

person may be detained until 4 p.m. on the first succeeding

business day. The written order must declare that an emergency

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

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

1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.48, eff.

Aug. 30, 1993.

Sec. 574.010. INDEPENDENT PSYCHIATRIC EVALUATION AND EXPERT

TESTIMONY. (a) The court may order an independent evaluation of

the proposed patient by a psychiatrist chosen by the proposed

patient if the court determines that the evaluation will assist

the finder of fact. The psychiatrist may testify on behalf of the

proposed patient.

(b) If the court determines that the proposed patient is

indigent, the court may authorize reimbursement to the attorney

ad litem for court-approved expenses incurred in obtaining expert

testimony and may order the proposed patient's county of

residence to pay the expenses.

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

1991.

Sec. 574.011. CERTIFICATE OF MEDICAL EXAMINATION FOR MENTAL

ILLNESS. (a) A certificate of medical examination for mental

illness must be sworn to, dated, and signed by the examining

physician. The certificate must include:

(1) the name and address of the examining physician;

(2) the name and address of the person examined;

(3) the date and place of the examination;

(4) a brief diagnosis of the examined person's physical and

mental condition;

(5) the period, if any, during which the examined person has

been under the care of the examining physician;

(6) an accurate description of the mental health treatment, if

any, given by or administered under the direction of the

examining physician; and

(7) the examining physician's opinion that:

(A) the examined person is mentally ill; and

(B) as a result of that illness the examined person is likely to

cause serious harm to himself or to others or is:

(i) suffering severe and abnormal mental, emotional, or physical

distress;

(ii) experiencing substantial mental or physical deterioration

of his ability to function independently, which is exhibited by

the proposed patient's inability, except for reasons of

indigence, to provide for the proposed patient's basic needs,

including food, clothing, health, or safety; and

(iii) not able to make a rational and informed decision as to

whether to submit to treatment.

(b) The examining physician must specify in the certificate

which criterion listed in Subsection (a)(7)(B) forms the basis

for the physician's opinion.

for extended mental health services, the certificate must also

include the examining physician's opinion that the examined

person's condition is expected to continue for more than 90 days.

(d) If the certificate is offered in support of a motion for a

protective custody order, the certificate must also include the

examining physician's opinion that the examined person presents a

substantial risk of serious harm to himself or others if not

immediately restrained. The harm may be demonstrated by the

examined person's behavior or by evidence of severe emotional

distress and deterioration in the examined person's mental

condition to the extent that the examined person cannot remain at

liberty.

(e) The certificate must include the detailed reason for each of

the examining physician's opinions under this section.

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

1991. Amended by Acts 1997, 75th Leg., ch. 744, Sec. 2, eff.

Sept. 1, 1997.

Sec. 574.012. RECOMMENDATION FOR TREATMENT. (a) The local

mental health authority in the county in which an application is

filed shall file with the court a recommendation for the most

appropriate treatment alternative for the proposed patient.

(b) The court shall direct the local mental health authority to

file, before the date set for the hearing, its recommendation for

the proposed patient's treatment.

health authority will also file a statement as to whether the

proposed mental health services are available.

(d) The hearing on an application may not be held before the

recommendation for treatment is filed unless the court determines

that an emergency exists.

(e) This section does not relieve a county of its responsibility

under other provisions of this subtitle to diagnose, care for, or

treat persons with mental illness.

(f) This section does not apply to a person for whom treatment

in a private mental health facility is proposed.

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

1991. Amended by Acts 1997, 75th Leg., ch. 744, Sec. 3, eff.

Sept. 1, 1997; Acts 2001, 77th Leg., ch. 367, Sec. 8, eff. Sept.

1, 2001.

Sec. 574.013. LIBERTY PENDING HEARING. The proposed patient is

entitled to remain at liberty pending the hearing on the

application unless the person is detained under an appropriate

provision of this subtitle.

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

1991.

Sec. 574.014. COMPILATION OF MENTAL HEALTH COMMITMENT RECORDS.

(a) The clerk of each court with jurisdiction to order

commitment under this chapter shall provide the Office of Court

Administration each month with a report of the number of

applications for commitment orders for involuntary mental health

services filed with the court and the disposition of those cases,

including the number of commitment orders for inpatient and

outpatient mental health services. The Office of Court

Administration shall make the reported information available to

the department annually.

(b) Subsection (a) does not require the production of

confidential information or information protected under Section

571.015.

Added by Acts 1997, 75th Leg., ch. 744, Sec. 4, eff. Sept. 1,

1997.

SUBCHAPTER B. PROTECTIVE CUSTODY

Sec. 574.021. MOTION FOR ORDER OF PROTECTIVE CUSTODY. (a) A

motion for an order of protective custody may be filed only in

the court in which an application for court-ordered mental health

services is pending.

(b) The motion may be filed by the county or district attorney

or on the court's own motion.

(1) the judge or county or district attorney has reason to

believe and does believe that the proposed patient meets the

criteria authorizing the court to order protective custody; and

(2) the belief is derived from:

(A) the representations of a credible person;

(B) the proposed patient's conduct; or

(d) The motion must be accompanied by a certificate of medical

examination for mental illness prepared by a physician who has

examined the proposed patient not earlier than the third day

before the day the motion is filed.

(e) The judge of the court in which the application is pending

may designate a magistrate to issue protective custody orders,

including a magistrate appointed by the judge of another court if

the magistrate has at least the qualifications required for a

magistrate of the court in which the application is pending. A

magistrate's duty under this section is in addition to the

magistrate's duties prescribed by other law.

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

1991. Amended by Acts 2001, 77th Leg., ch. 1278, Sec. 1, eff.

June 15, 2001.

Amended by:

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

202, Sec. 2, eff. September 1, 2007.

Sec. 574.022. ISSUANCE OF ORDER. (a) The judge or designated

magistrate may issue a protective custody order if the judge or

magistrate determines:

(1) that a physician has stated his opinion and the detailed

reasons for his opinion that the proposed patient is mentally

ill; and

(2) the proposed patient presents a substantial risk of serious

harm to himself or others if not immediately restrained pending

the hearing.

(b) The determination that the proposed patient presents a

substantial risk of serious harm may be demonstrated by the

proposed patient's behavior or by evidence of severe emotional

distress and deterioration in the proposed patient's mental

condition to the extent that the proposed patient cannot remain

at liberty.

proposed patient meets the criteria prescribed by Subsection (a)

from the application and certificate alone if the judge or

magistrate determines that the conclusions of the applicant and

certifying physician are adequately supported by the information

provided.

(d) The judge or magistrate may take additional evidence if a

fair determination of the matter cannot be made from

consideration of the application and certificate only.

(e) The judge or magistrate may issue a protective custody order

for a proposed patient who is charged with a criminal offense if

the proposed patient meets the requirements of this section and

the facility administrator designated to detain the proposed

patient agrees to the detention.

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

1991.

Sec. 574.023. APPREHENSION UNDER ORDER. (a) A protective

custody order shall direct a person authorized to transport

patients under Section 574.045 to take the proposed patient into

protective custody and transport the person immediately to a

mental health facility deemed suitable by the local mental health

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

authority, the judge may order that the proposed patient be

detained in an inpatient mental health facility operated by the

department.

(b) The proposed patient shall be detained in the facility until

a hearing is held under Section 574.025.

that the commissioner determines that the facility has sufficient

resources to perform the necessary services.

(d) 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 1999, 76th Leg., ch. 1512, Sec. 4, eff.

Sept. 1, 1999; Acts 2001, 77th Leg., ch. 367, Sec. 9, eff. Sept.

1, 2001.

Sec. 574.024. APPOINTMENT OF ATTORNEY. (a) When a protective

custody order is signed, the judge or designated magistrate shall

appoint an attorney to represent a proposed patient who does not

have an attorney.

(b) Within a reasonable time before a hearing is held under

Section 574.025, the court that ordered the protective custody

shall provide to the proposed patient and the proposed patient's

attorney a written notice that states:

(1) that the proposed patient has been placed under a protective

custody order;

(2) the grounds for the order; and

(3) the time and place of the hearing to determine probable

cause.

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

1991.

Sec. 574.025. PROBABLE CAUSE HEARING. (a) A hearing must be

held to determine if:

(1) there is probable cause to believe that a proposed patient

under a protective custody order presents a substantial risk of

serious harm to himself or others to the extent that he cannot be

at liberty pending the hearing on court-ordered mental health

services; and

(2) a physician has stated his opinion and the detailed reasons

for his opinion that the proposed patient is mentally ill.

(b) The hearing must be held not later than 72 hours after the

time that the proposed patient was detained under a protective

custody order. If the period ends on a Saturday, Sunday, or legal

holiday, the hearing must be held on the next day that is not a

Saturday, Sunday, or legal holiday. The judge or magistrate may

postpone the hearing each day for an additional 24 hours if the

judge or magistrate declares that an extreme emergency exists

because of extremely hazardous weather conditions or the

occurrence of a disaster that threatens the safety of the

proposed patient or another essential party to the hearing.

discretion of the presiding judge, before an associate judge

appointed by the presiding judge. Notwithstanding any other law

or requirement, an associate judge appointed to conduct a hearing

under this section may practice law in the court the associate

judge serves. The associate judge is entitled to reasonable

compensation.

(d) The proposed patient and the proposed patient's attorney

shall have an opportunity at the hearing to appear and present

evidence to challenge the allegation that the proposed patient

presents a substantial risk of serious harm to himself or others.

(e) The magistrate or associate judge may consider evidence,

including letters, affidavits, and other material, that may not

be admissible or sufficient in a subsequent commitment hearing.

(f) The state may prove its case on the physician's certificate

of medical examination filed in support of the initial motion.

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

1991. Amended by Acts 1995, 74th Leg., ch. 101, Sec. 1, eff. May

16, 1995.

Amended by:

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

334, Sec. 4, eff. September 1, 2009.

Sec. 574.026. ORDER FOR CONTINUED DETENTION. (a) The

magistrate or associate judge shall order that a proposed patient

remain in protective custody if the magistrate or associate judge

determines after the hearing that an adequate factual basis

exists for probable cause to believe that the proposed patient

presents a substantial risk of serious harm to himself or others

to the extent that he cannot remain at liberty pending the

hearing on court-ordered mental health services.

(b) The magistrate or associate judge shall arrange for the

proposed patient to be returned to the mental health facility or

other suitable place, along with copies of the certificate of

medical examination, any affidavits or other material submitted

as evidence in the hearing, and the notification prepared as

prescribed by Subsection (d).

supporting evidence shall be filed with the court that entered

the original order of protective custody.

(d) The notification of probable cause hearing shall read as

follows:

(Style of Case)

NOTIFICATION OF PROBABLE CAUSE HEARING

On this the __________ day of __________, 19___, the undersigned

hearing officer heard evidence concerning the need for protective

custody of __________ (hereinafter referred to as proposed

patient). The proposed patient was given the opportunity to

challenge the allegations that (s)he presents a substantial risk

of serious harm to self or others.

The proposed patient and his attorney _____________ have been

(attorney)

given written notice that the proposed patient was placed under

an order of protective custody and the reasons for such order on

___________________.

(date of notice)

I have examined the certificate of medical examination for mental

illness and _________________________________________. Based on

(other evidence considered)

this evidence, I find that there is probable cause to believe

that the proposed patient presents a substantial risk of serious

harm to himself (yes ___ or no ___) or others (yes ___ or no ___)

such that (s)he cannot be at liberty pending

final hearing because

________________________________________________________________

_______________________________________________________________.

(reasons for finding; type of risk found)

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

1991.

Amended by:

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

334, Sec. 5, eff. September 1, 2009.

Sec. 574.027. DETENTION IN PROTECTIVE CUSTODY. (a) A person

under a protective custody order shall be detained in a mental

health facility deemed suitable by the local mental health

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

authority, the judge may order that the proposed patient be

detained in an inpatient mental health facility operated by the

department.

(b) The facility administrator or the administrator's designee

shall detain a person under a protective custody order in the

facility until a final order for court-ordered mental health

services is entered or the person is released or discharged under

Section 574.028.

detained in a nonmedical facility used to detain persons who are

charged with or convicted of a crime except because of and during

an extreme emergency and in no case for longer than 72 hours,

excluding Saturdays, Sundays, legal holidays, and the period

prescribed by Section 574.025(b) for an extreme emergency. The

person must be isolated from any person who is charged with or

convicted of a crime.

(d) The county health authority shall ensure that proper care

and medical attention are made available to a person who is

detained in a nonmedical facility under Subsection (c).

(e) Repealed by Acts 2001, 77th Leg., ch. 367, Sec. 19, eff.

Sept. 1, 2001.

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

1991. Amended by Acts 2001, 77th Leg., ch. 367, Sec. 10, 19, eff.

Sept. 1, 2001.

Sec. 574.028. RELEASE FROM DETENTION. (a) The magistrate or

associate judge shall order the release of a person under a

protective custody order if the magistrate or associate judge

determines after the hearing under Section 574.025 that no

probable cause exists to believe that the proposed patient

presents a substantial risk of serious harm to himself or others.

(b) Arrangements shall be made to return a person released under

Subsection (a) to:

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

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

(3) another suitable location.

a protective custody order if:

(1) the facility administrator does not receive notice that the

person's continued detention is authorized after a probable cause

hearing held within 72 hours after the detention began, excluding

Saturdays, Sundays, legal holidays, and the period prescribed by

Section 574.025(b) for extreme emergencies;

(2) a final order for court-ordered mental health services has

not been entered within the time prescribed by Section 574.005;

(3) the facility administrator or the administrator's designee

determines that the person no longer meets the criteria for

protective custody prescribed by Section 574.022.

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

1991.

Amended by:

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

334, Sec. 6, eff. September 1, 2009.

SUBCHAPTER C. PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH

SERVICES

Sec. 574.031. GENERAL PROVISIONS RELATING TO HEARING. (a)

Except as provided by Subsection (b), the judge may hold a

hearing on an application for court-ordered mental health

services at any suitable location in the county. The hearing

should be held in a physical setting that is not likely to have a

harmful effect on the proposed patient.

(b) On the request of the proposed patient or the proposed

patient's attorney the hearing on the application shall be held

in the county courthouse.

hearing. The proposed patient or the proposed patient's attorney

may waive this right.

(d) The hearing must be open to the public unless the proposed

patient or the proposed patient's attorney requests that the

hearing be closed and the judge determines that there is good

cause to close the hearing.

(e) The Texas Rules of Evidence apply to the hearing unless the

rules are inconsistent with this subtitle.

(f) The court may consider the testimony of a nonphysician

mental health professional in addition to medical or psychiatric

testimony.

(g) The hearing is on the record, and the state must prove each

element of the applicable criteria by clear and convincing

evidence.

(h) A judge who holds a hearing under this section in hospitals

or locations other than the county courthouse is entitled to be

reimbursed for the judge's reasonable and necessary expenses

related to holding a hearing at that location. The judge shall

furnish the presiding judge of the statutory probate courts or

the presiding judge of the administrative region, as appropriate,

an accounting of the expenses for certification. The presiding

judge shall provide a certification of expenses approved to the

county judge responsible for payment of costs under Section

571.018.

(i) A judge who holds hearings at locations other than the

county courthouse also may receive a reasonable salary supplement

in an amount set by the commissioners court.

(j) Notwithstanding other law, a judge who holds a hearing under

this section may assess for the judge's services a fee in an

amount not to exceed $50 as a court cost against the county

responsible for the payment of the costs of the hearing under

Section 571.018.

(k) Notwithstanding other law, a judge who holds a hearing under

this section may assess for the services of a prosecuting

attorney a fee in an amount not to exceed $50 as a court cost

against the county responsible for the payment of the costs of

the hearing under Section 571.018. For a mental health

proceeding, the fee assessed under this subsection includes costs

incurred for the preparation of documents related to the

proceeding. The court may award as court costs fees for other

costs of a mental health proceeding against the county

responsible for the payment of the costs of the hearing under

Section 571.018.

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

1991. Amended by Acts 1997, 75th Leg., ch. 1354, Sec. 1, eff.

Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1252, Sec. 1, eff. Sept.

1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 10.006, eff. Sept.

1, 2001.

Sec. 574.032. RIGHT TO JURY. (a) A hearing for temporary

mental health services must be before the court unless the

proposed patient or the proposed patient's attorney requests a

jury.

(b) A hearing for extended mental health services must be before

a jury unless the proposed patient or the proposed patient's

attorney waives the right to a jury.

oath, and signed and sworn to by the proposed patient and the

proposed patient's attorney unless the proposed patient or the

attorney orally waives the right to a jury in the court's

presence.

(d) The court may permit an oral or written waiver of the right

to a jury to be withdrawn for good cause shown. The withdrawal

must be made not later than the eighth day before the date on

which the hearing is scheduled.

(e) A court may not require a jury fee.

(f) In a hearing before a jury, the jury shall determine if the

proposed patient is mentally ill and meets the criteria for

court-ordered mental health services. The jury may not make a

finding about the type of services to be provided to the proposed

patient.

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

1991.

Sec. 574.033. RELEASE AFTER HEARING. (a) The court shall enter

an order denying an application for court-ordered temporary or

extended mental health services if after a hearing the court or

jury fails to find, from clear and convincing evidence, that the

proposed patient is mentally ill and meets the applicable

criteria for court-ordered mental health services.

(b) If the court denies the application, the court shall order

the immediate release of a proposed patient who is not at

liberty.

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

1991.

Sec. 574.034. ORDER FOR TEMPORARY MENTAL HEALTH SERVICES. (a)

The judge may order a proposed patient to receive court-ordered

temporary inpatient mental health services only if the judge or

jury finds, from clear and convincing evidence, that:

(1) the proposed patient is mentally ill; and

(2) as a result of that mental illness the proposed patient:

(A) is likely to cause serious harm to himself;

(B) is likely to cause serious harm to others; or

(i) suffering severe and abnormal mental, emotional, or physical

distress;

(ii) experiencing substantial mental or physical deterioration

of the proposed patient's ability to function independently,

which is exhibited by the proposed patient's inability, except

for reasons of indigence, to provide for the proposed patient's

basic needs, including food, clothing, health, or safety; and

(iii) unable to make a rational and informed decision as to

whether or not to submit to treatment.

(b) The judge may order a proposed patient to receive

court-ordered temporary outpatient mental health services only

if:

(1) the judge finds that appropriate mental health services are

available to the patient; and

(2) the judge or jury finds, from clear and convincing evidence,

that:

(A) the proposed patient is mentally ill;

(B) the nature of the mental illness is severe and persistent;

will, if not treated, continue to:

(i) suffer severe and abnormal mental, emotional, or physical

distress; and

(ii) experience deterioration of the ability to function

independently to the extent that the proposed patient will be

unable to live safely in the community without court-ordered

outpatient mental health services; and

(D) the proposed patient has an inability to participate in

outpatient treatment services effectively and voluntarily,

demonstrated by:

(i) any of the proposed patient's actions occurring within the

two-year period which immediately precedes the hearing; or

(ii) specific characteristics of the proposed patient's clinical

condition that make impossible a rational and informed decision

whether to submit to voluntary outpatient treatment.

the commitment criteria prescribed by Subsection (a), the judge

or jury must specify which criterion listed in Subsection (a)(2)

forms the basis for the decision.

(d) To be clear and convincing under Subsection (a), the

evidence must include expert testimony and, unless waived,

evidence of a recent overt act or a continuing pattern of

behavior that tends to confirm:

(1) the likelihood of serious harm to the proposed patient or

others; or

(2) the proposed patient's distress and the deterioration of the

proposed patient's ability to function.

(e) To be clear and convincing under Subdivision (b)(2), the

evidence must include expert testimony and, unless waived,

evidence of a recent overt act or a continuing pattern of

behavior that tends to confirm:

(1) the proposed patient's distress;

(2) the deterioration of ability to function independently to

the extent that the proposed patient will be unable to live

safely in the community; and

(3) the proposed patient's inability to participate in

outpatient treatment services effectively and voluntarily.

(f) The proposed patient and the proposed patient's attorney, by

a written document filed with the court, may waive the right to

cross-examine witnesses, and, if that right is waived, the court

may admit, as evidence, the certificates of medical examination

for mental illness. The certificates admitted under this

subsection constitute competent medical or psychiatric testimony,

and the court may make its findings solely from the certificates.

If the proposed patient and the proposed patient's attorney do

not waive in writing the right to cross-examine witnesses, the

court shall proceed to hear testimony. The testimony must include

competent medical or psychiatric testimony. In addition, the

court may consider the testimony of a nonphysician mental health

professional as provided by Section 574.031(f).

(g) An order for temporary inpatient or outpatient mental health

services shall state that treatment is authorized for not longer

than 90 days. The order may not specify a shorter period.

(h) A judge may not issue an order for temporary inpatient or

outpatient mental health services for a proposed patient who is

charged with a criminal offense that involves an act, attempt, or

threat of serious bodily injury to another person.

(i) A judge may advise, but may not compel, the proposed patient

to:

(1) receive treatment with psychoactive medication as specified

by the outpatient mental health services treatment plan;

(2) participate in counseling; and

(3) refrain from the use of alcohol or illicit drugs.

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

1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.49, eff.

Aug. 30, 1993; Acts 1995, 74th Leg., ch. 770, Sec. 7, eff. June

16, 1995; Acts 1997, 75th Leg., ch. 744, Sec. 5, eff. Sept. 1,

1997.

Sec. 574.035. ORDER FOR EXTENDED MENTAL HEALTH SERVICES. (a)

The judge may order a proposed patient to receive court-ordered

extended inpatient mental health services only if the jury, or

the judge if the right to a jury is waived, finds, from clear and

convincing evidence, that:

(1) the proposed patient is mentally ill;

(2) as a result of that mental illness the proposed patient:

(A) is likely to cause serious harm to himself;

(B) is likely to cause serious harm to others; or

(i) suffering severe and abnormal mental, emotional, or physical

distress;

(ii) experiencing substantial mental or physical deterioration

of the proposed patient's ability to function independently,

which is exhibited by the proposed patient's inability, except

for reasons of indigence, to provide for the proposed patient's

basic needs, including food, clothing, health, or safety; and

(iii) unable to make a rational and informed decision as to

whether or not to submit to treatment;

(3) the proposed patient's condition is expected to continue for

more than 90 days; and

(4) the proposed patient has received court-ordered inpatient

mental health services under this subtitle or under Chapter 46B,

Code of Criminal Procedure, for at least 60 consecutive days

during the preceding 12 months.

(b) The judge may order a proposed patient to receive

court-ordered extended outpatient mental health services only if:

(1) the judge finds that appropriate mental health services are

available to the patient; and

(2) the jury, or the judge if the right to a jury is waived,

finds from clear and convincing evidence that:

(A) the proposed patient is mentally ill;

(B) the nature of the mental illness is severe and persistent;

will, if not treated, continue to:

(i) suffer severe and abnormal mental, emotional, or physical

distress; and

(ii) experience deterioration of the ability to function

independently to the extent that the proposed patient will be

unable to live safely in the community without court-ordered

outpatient mental health services;

(D) the proposed patient has an inability to participate in

outpatient treatment services effectively and voluntarily,

demonstrated by:

(i) any of the proposed patient's actions occurring within the

two-year period which immediately precedes the hearing; or

(ii) specific characteristics of the proposed patient's clinical

condition that make impossible a rational and informed decision

whether to submit to voluntary outpatient treatment;

(E) the proposed patient's condition is expected to continue for

more than 90 days; and

(F) the proposed patient has received court-ordered inpatient

mental health services under this subtitle or under Subchapter D

or E, Chapter 46B, Code of Criminal Procedure, for at least 60

consecutive days during the preceding 12 months.

the commitment criteria prescribed by Subsection (a), the jury or

judge must specify which criterion listed in Subsection (a)(2)

forms the basis for the decision.

(d) The jury or judge is not required to make the finding under

Subsection (a)(4) or (b)(2)(F) if the proposed patient has

already been subject to an order for extended mental health

services.

(e) To be clear and convincing under Subsection (a), the

evidence must include expert testimony and evidence of a recent

overt act or a continuing pattern of behavior that tends to

confirm:

(1) the likelihood of serious harm to the proposed patient or

others; or

(2) the proposed patient's distress and the deterioration of the

proposed patient's ability to function.

(f) To be clear and convincing under Subdivision (b)(2), the

evidence must include expert testimony and evidence of a recent

overt act or a continuing pattern of behavior that tends to

confirm:

(1) the proposed patient's distress;

(2) the deterioration of ability to function independently to

the extent that the proposed patient will be unable to live

safely in the community; and

(3) the proposed patient's inability to participate in

outpatient treatment services effectively and voluntarily.

(g) The court may not make its findings solely from the

certificates of medical examination for mental illness but shall

hear testimony. The court may not enter an order for extended

mental health services unless appropriate findings are made and

are supported by testimony taken at the hearing. The testimony

must include competent medical or psychiatric testimony.

(h) An order for extended inpatient or outpatient mental health

services shall state that treatment is authorized for not longer

than 12 months. The order may not specify a shorter period.

(i) A judge may not issue an order for extended inpatient or

outpatient mental health services for a proposed patient who is

charged with a criminal offense that involves an act, attempt, or

threat of serious bodily injury to another person.

(j) A judge may advise, but may not compel, the proposed patient

to:

(1) receive treatment with psychoactive medication as specified

by the outpatient mental health services treatment plan;

(2) participate in counseling; and

(3) refrain from the use of alcohol or illicit drugs.

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

1991. Amended by Acts 1995, 74th Leg., ch. 770, Sec. 8, eff. June

16, 1995; Acts 1997, 75th Leg., ch. 312, Sec. 5, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 744, Sec. 6, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 238, Sec. 1, eff. May 28, 1999; Acts

2003, 78th Leg., ch. 35, Sec. 12, eff. Jan. 1, 2004.

Sec. 574.036. ORDER OF CARE OR COMMITMENT. (a) The judge shall

dismiss the jury, if any, after a hearing in which a person is

found to be mentally ill and to meet the criteria for

court-ordered temporary or extended mental health services.

(b) The judge may hear additional evidence relating to

alternative settings for care before entering an order relating

to the setting for the care the person will receive.

the recommendation for the most appropriate treatment alternative

filed under Section 574.012.

(d) The judge shall order the mental health services provided in

the least restrictive appropriate setting available.

(e) The judge may enter an order:

(1) committing the person to a mental health facility for

inpatient care if the trier of fact finds that the person meets

the commitment criteria prescribed by Section 574.034(a) or

574.035(a); or

(2) committing the person to outpatient mental health services

if the trier of fact finds that the person meets the commitment

criteria prescribed by Section 574.034(b) or 574.035(b).

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

1991. Amended by Acts 1997, 75th Leg., ch. 744, Sec. 7, eff.

Sept. 1, 1997.

Sec. 574.037. COURT-ORDERED OUTPATIENT SERVICES. (a) The

court, in an order that directs a patient to participate in

outpatient mental health services, shall identify a person who is

responsible for those services. The person identified must be the

facility administrator or an individual involved in providing

court-ordered outpatient services. A person may not be designated

as responsible for the ordered services without the person's

consent unless the person is the facility administrator of a

department facility or the facility administrator of a community

center that provides mental health services in the region in

which the committing court is located.

(b) The person responsible for the services shall submit to the

court within two weeks after the court enters the order a general

program of the treatment to be provided. The program must be

incorporated into the court order.

court of:

(1) the patient's failure to comply with the court order; and

(2) any substantial change in the general program of treatment

that occurs before the order expires.

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

the commissioner determines that the designated mental health

facility has sufficient resources to perform the necessary

services.

(e) A patient 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.

SUBCHAPTER D. DESIGNATION OF FACILITY AND TRANSPORTATION OF

PATIENT

Sec. 574.041. DESIGNATION OF FACILITY. (a) In an order for

temporary or extended mental health services specifying inpatient

care, the court shall commit the patient to a designated

inpatient mental health facility. The court shall commit the

patient to:

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

health authority for the area;

(2) a private mental hospital under Section 574.042;

(3) a hospital operated by a federal agency under Section

574.043; or

(4) an inpatient mental health facility of the Texas Department

of Criminal Justice under Section 574.044.

(b) On request of the local mental health authority, the judge

may commit the patient directly to an inpatient mental health

facility operated by the department.

health facility operated by a community center or other entity

designated by the department to provide mental health services

unless the facility is licensed under Chapter 577 and the court

notifies the local mental health authority serving the region in

which the commitment is made.

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

1991. Amended by Acts 1999, 76th Leg., ch. 543, Sec. 3, eff. June

18, 1999; Acts 2001, 77th Leg., ch. 367, Sec. 11, eff. Sept. 1,

2001.

Amended by:

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

87, Sec. 25.108, eff. September 1, 2009.

Sec. 574.0415. INFORMATION ON MEDICATIONS. (a) A mental health

facility shall provide to a patient in the patient's primary

language, if possible, and in accordance with board rules

information relating to prescription medication ordered by the

patient's treating physician.

(b) The facility shall also provide the information to the

patient's family on request, but only to the extent not otherwise

prohibited by state or federal confidentiality laws.

Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.05, eff. May 1,

1994. Amended by Acts 1997, 75th Leg., ch. 337, Sec. 3, eff. May

27, 1997.

Sec. 574.042. COMMITMENT TO PRIVATE FACILITY. The court may

order a patient committed to a private mental hospital at no

expense to the state if the court receives:

(1) an application signed by the patient or the pat

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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