Sec. 462.062. APPLICATION FOR COURT-ORDERED TREATMENT. (a) A county or district attorney or other adult may file a sworn written application for court-ordered treatment of another person. Only the district or county attorney may file an application that is not accompanied by a certificate of medical examination for chemical dependency.
(b) 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 treatment services by court order or under Section 462.041.
(c) If the application is not filed in the county in which the 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) The application must be styled using the initials of the proposed patient and not the proposed patient's full name.
(e) The application must contain the following information according to the applicant's information and belief:
(1) the proposed patient's name and address, including the county in which the proposed patient resides, if known;
(2) a statement that the proposed patient is a person with a chemical dependency who:
(A) is likely to cause serious harm to the person or others; or
(B) will continue to suffer abnormal mental, emotional, or physical distress, will continue to deteriorate in ability to function independently if not treated, and is unable to make a rational and informed choice as to whether to submit to treatment; and
(3) a statement that the proposed patient is not charged with a criminal offense that involves an act, attempt, or threat of serious bodily injury to another person.
(f) Subsection (e)(3) does not apply if the proposed patient is a juvenile alleged to be a child engaged in delinquent conduct or conduct indicating a need for supervision as defined by Section 51.03, Family Code.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1169, eff. April 2, 2015.
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