Sec. 81.184. ORDER FOR TEMPORARY DETENTION. (a) At the request of the health authority, a municipal, county, or district attorney, as appropriate, shall file a sworn application for the person's temporary detention pending a modification hearing under Section 81.183. At the request of the department, the attorney general shall file a sworn application for the person's temporary detention pending a modification hearing under Section 81.183.
(b) The application must state the applicant's opinion and detail the reason for the applicant's opinion that:
(1) the person meets the criteria described by this chapter; and
(2) detention in an inpatient health care facility is necessary to evaluate the appropriate setting for continued court-ordered care.
(c) The court shall decide from the information in the application. The court may issue an order for temporary detention if a modification hearing is set and the court finds that there is probable cause to believe that the opinions stated in the application are valid.
(d) The judge shall appoint an attorney to represent a person who does not have an attorney when the order for temporary detention is signed.
(e) Within 24 hours after the time detention begins, the court that issued the temporary detention order shall provide to the person and the person's attorney a written notice that contains:
(1) a statement that the person has been placed under a temporary detention order;
(2) the grounds for the order; and
(3) the time and place of the modification hearing.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 242, Sec. 17, eff. May 23, 1997.
Section: Previous 81.177 81.178 81.179 81.180 81.181 81.182 81.183 81.184 81.185 81.186 81.187 81.188 81.189 81.190 81.191 NextLast modified: September 28, 2016