SUBCHAPTER A APPLICATION FOR COMMITMENT AND PREHEARING PROCEDURES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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)...
- Texas Section 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...
- Texas Section 574.0125 - Identification Of Person Responsible For Court-ordered Outpatient Mental Health Services
Not later than the third day before the date of a hearing that may result in the judge ordering the patient to receive court-ordered outpatient...
- Texas Section 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...
SUBCHAPTER B PROTECTIVE CUSTODY
- Texas Section 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...
- Texas Section 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...
- Texas Section 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 the...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER C PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH SERVICES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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 a person with mental illness...
SUBCHAPTER D DESIGNATION OF FACILITY AND TRANSPORTATION OF PATIENT
- Texas Section 574.037 - Court-ordered Outpatient Services
(a) The court, in an order that directs a patient to participate in outpatient mental health services, shall designate the person identified under Section 574.0125...
- Texas Section 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...
- Texas Section 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 department rules information relating...
- Texas Section 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...
- Texas Section 574.043 - Commitment To Federal Facility
(a) A court may order a patient committed to a federal agency that operates a mental hospital if the court receives written notice from the...
- Texas Section 574.044 - Commitment To Facility Of Texas Department Of Criminal Justice
The court shall commit an inmate patient to an inpatient mental health facility of the Texas Department of Criminal Justice if the court enters an...
- Texas Section 574.045 - Transportation Of Patient
(a) The court may authorize, in the following order of priority, the transportation of a committed patient or a patient detained under Section 573.022 or...
- Texas Section 574.0455 - List Of Qualified Transportation Service Providers
(a) The commissioners court of a county may: (1) establish and maintain a list of qualified transportation service providers that a court may authorize or...
- Texas Section 574.0456 - Transportation Of Patient To Another State
A person may not transport a patient to a mental health facility in another state for court-ordered inpatient mental health services under this chapter unless...
- Texas Section 574.046 - Writ Of Commitment
The court shall direct the court clerk to issue to the person authorized to transport the patient two writs of commitment requiring the person to...
- Texas Section 574.047 - Transcript
(a) The court clerk shall prepare a certified transcript of the proceedings in the hearing on court-ordered mental health services. (b) The clerk shall send...
SUBCHAPTER E POST-COMMITMENT PROCEEDINGS
- Texas Section 574.048 - Acknowledgment Of Patient Delivery
The facility administrator, after receiving a copy of the writ of commitment and after admitting the patient, shall: (1) give the person transporting the patient...
- Texas Section 574.061 - Modification Of Order For Inpatient Treatment
(a) The facility administrator of a facility to which a patient is committed for inpatient mental health services may request the court that entered the...
- Texas Section 574.062 - Motion For Modification Of Order For Outpatient Treatment
(a) The court that entered an order directing a patient to participate in outpatient mental health services may set a hearing to determine if the...
- Texas Section 574.063 - Order For Temporary Detention
(a) The person responsible for a patient's court-ordered outpatient treatment or the facility administrator of the outpatient facility in which a patient receives treatment may...
- Texas Section 574.064 - Apprehension And Release Under Temporary Detention Order
(a) A temporary detention order shall direct a peace officer or other designated person to take the patient into custody and transport the patient immediately...
- Texas Section 574.065 - Order Of Modification Of Order For Outpatient Services
(a) The court may modify an order for outpatient services at the modification hearing if the court determines that the patient meets the applicable criteria...
- Texas Section 574.066 - Renewal Of Order For Extended Mental Health Services
(a) A county or district attorney or other adult may file an application to renew an order for extended mental health services. (b) The application...
- Texas Section 574.067 - Motion For Rehearing
(a) The court may set aside an order requiring court-ordered mental health services and grant a motion for rehearing for good cause shown. (b) Pending...
- Texas Section 574.068 - Request For Reexamination
(a) A patient receiving court-ordered extended mental health services, or any interested person on the patient's behalf and with the patient's consent, may file a...
- Texas Section 574.069 - Hearing On Request For Reexamination
(a) A court that required a patient's reexamination under Section 574.068 may set a date and place for a hearing on the request if, not...
SUBCHAPTER F FURLOUGH, DISCHARGE, AND TERMINATION OF COURT-ORDERED MENTAL HEALTH SERVICES
- Texas Section 574.070 - Appeal
(a) An appeal from an order requiring court-ordered mental health services, or from a renewal or modification of an order, must be filed in the...
- Texas Section 574.081 - Continuing Care Plan Before Furlough Or Discharge
(a) The physician responsible for the patient's treatment shall prepare a continuing care plan for a patient who is scheduled to be furloughed or discharged...
- Texas Section 574.082 - Pass Or Furlough From Inpatient Care
(a) The facility administrator may permit a patient admitted to the facility under an order for temporary or extended inpatient mental health services to leave...
- Texas Section 574.083 - Return To Facility Under Certificate Of Facility Administrator Or Court Order
(a) The facility administrator of a facility to which a patient was admitted for court-ordered inpatient health care services may authorize a peace officer of...
- Texas Section 574.084 - Revocation Of Furlough
(a) A furlough may be revoked only after an administrative hearing held in accordance with department rules. The hearing must be held within 72 hours...
- Texas Section 574.085 - Discharge On Expiration Of Court Order
The facility administrator of a facility to which a patient was committed or from which a patient was required to receive temporary or extended inpatient...
- Texas Section 574.086 - Discharge Before Expiration Of Court Order
(a) The facility administrator of a facility to which a patient was committed for inpatient mental health services or the person responsible for providing outpatient...
- Texas Section 574.087 - Certificate Of Discharge
The facility administrator or the person responsible for outpatient care who discharges a patient under Section 574.085 or 574.086 shall prepare a discharge certificate and...
- Texas Section 574.088 - Relief From Disabilities In Mental Health Cases
(a) A person who is furloughed or discharged from court-ordered mental health services may petition the court that entered the commitment order for an order...
SUBCHAPTER G ADMINISTRATION OF MEDICATION TO PATIENT UNDER COURT ORDER FOR MENTAL HEALTH SERVICES
- Texas Section 574.089 - Transportation Plan For Furlough Or Discharge
(a) The facility administrator of a mental health facility, in conjunction with the local mental health authority, shall create a transportation plan for a person...
- Texas Section 574.101 - Definitions
In this subchapter: (1) "Capacity" means a patient's ability to: (A) understand the nature and consequences of a proposed treatment, including the benefits, risks, and...
- Texas Section 574.102 - Application Of Subchapter
This subchapter applies to the application of medication to a patient subject to a court order for mental health services under this chapter or other...
- Texas Section 574.103 - Administration Of Medication To Patient Under Court-ordered Mental Health Services
(a) In this section, "ward" has the meaning assigned by Section 1002.030, Estates Code. (b) A person may not administer a psychoactive medication to a...
- Texas Section 574.104 - Physician's Application For Order To Authorize Psychoactive Medication; Date Of Hearing
(a) A physician who is treating a patient may, on behalf of the state, file an application in a probate court or a court with...
- Texas Section 574.105 - Rights Of Patient
A patient for whom an application for an order to authorize the administration of a psychoactive medication is filed is entitled to: (1) representation by...
- Texas Section 574.106 - Hearing And Order Authorizing Psychoactive Medication
Sec. 574.106. HEARING AND ORDER AUTHORIZING PSYCHOACTIVE MEDICATION. (a) The court may issue an order authorizing the administration of one or more classes of psychoactive...
- Texas Section 574.1065 - Finding That Patient Presents A Danger
In making a finding under Section 574.106(a-1)(2) that, as a result of a mental disorder or mental defect, the patient presents a danger to the...
- Texas Section 574.107 - Costs
(a) The costs for a hearing under this subchapter shall be paid in accordance with Sections 571.017 and 571.018. (b) The county in which the...
- Texas Section 574.108 - Appeal
(a) A patient may appeal an order under this subchapter in the manner provided by Section 574.070 for an appeal of an order requiring court-ordered...
- Texas Section 574.109 - Effect Of Order
(a) A person's consent to take a psychoactive medication is not valid and may not be relied on if the person is subject to an...
SUBCHAPTER H VOLUNTARY ADMISSION FOR CERTAIN PERSONS FOR WHOM MOTION FOR COURT-ORDERED SERVICES HAS BEEN FILED
- Texas Section 574.110 - Expiration Of Order
(a) Except as provided by Subsection (b), an order issued under Section 574.106 expires on the expiration or termination date of the order for temporary...
- Texas Section 574.151 - Applicability
This subchapter applies only to a person for whom a motion for court-ordered mental health services is filed under Section 574.001, for whom a final...
- Texas Section 574.152 - Capacity To Consent To Voluntary Admission
A person described by Section 574.151 is rebuttably presumed to have the capacity to consent to admission to the inpatient mental health facility for voluntary...
- Texas Section 574.153 - Rights Of Person Admitted To Voluntary Inpatient Treatment
(a) A person described by Section 574.151 who is admitted to the inpatient mental health facility for voluntary inpatient mental health services has all of...
SUBCHAPTER I USE OF VIDEO TECHNOLOGY AT PROCEEDINGS
- Texas Section 574.154 - Participation In Research Program
Notwithstanding any other law, a person described by Section 574.151 may not participate in a research program in the inpatient mental health facility unless: (1)...
- Texas Section 574.201 - Application Of Subchapter
This subchapter applies only to a hearing or proceeding related to court-ordered mental health services under this chapter. Added by Acts 2003, 78th Leg., ch....
- Texas Section 574.202 - Certain Testimony By Closed-circuit Video Teleconferencing Permitted
(a) A judge or magistrate may permit a physician or a nonphysician mental health professional to testify at a hearing or proceeding by closed-circuit video...
- Texas Section 574.203 - Use Of Secure Electronic Communication Method In Certain Proceedings Under This Chapter
(a) A hearing may be conducted in accordance with this chapter but conducted by secure electronic means, including satellite transmission, closed-circuit television transmission, or any...