Texas Family Code 35A.005 – Order for Temporary Authorization
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(a) At the hearing on the petition, the court may hear evidence relating to the child’s need for inpatient mental health services by the petitioner, any other matter raised in the petition, and any objection or other testimony of the child’s parent, conservator, or guardian.
(b) The court shall dismiss the petition for temporary authorization if an objection is made by the child’s parent, conservator, or guardian.
Terms Used In Texas Family Code 35A.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(c) The court shall grant the petition for temporary authorization only if the court finds:
(1) by a preponderance of the evidence that the child does not have available a parent, conservator, guardian, or other legal representative to give consent under § 572.001, Health and Safety Code, for voluntary inpatient mental health services; and
(2) by clear and convincing evidence that the child is a person:
(A) with mental illness or who demonstrates symptoms of a serious emotional disorder; and
(B) who presents a risk of serious harm to self or others if not immediately restrained or hospitalized.
(d) Subject to Subsection (e), the order granting temporary authorization under this chapter expires on the earliest of:
(1) the date the petitioner requests that the child be discharged from the inpatient mental health facility;
(2) the date a physician determines that the criteria listed in Subsection (c)(2) no longer apply to the child; or
(3) subject to Subsection (e), the 10th day after the date the order for temporary authorization is issued under this section.
(e) The order granting temporary authorization continues in effect until the earlier occurrence of an event described by Subsection (d)(1) or (2) if the petitioner obtains an order for temporary managing conservatorship before the order expires as provided by Subsection (d)(3).
(f) A copy of an order granting temporary authorization must:
(1) be filed under the cause number in any court that has rendered a conservatorship or guardian order regarding the child; and
(2) be sent to the last known address of the child’s parent, conservator, or guardian.