Texas Health and Safety Code 593.044 – Order for Protective Custody
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(a) The court in which an application for a hearing is filed may order the proposed resident taken into protective custody if the court determines from certificates filed with the court that the proposed resident is:
(1) believed to be a person with an intellectual disability; and
(2) likely to cause injury to the proposed resident or others if not immediately restrained.
(b) The judge of the court may order a health or peace officer to take the proposed resident into custody and transport the person to:
(1) a designated residential care facility in which space is available; or
(2) a place deemed suitable by the county health authority.
Terms Used In Texas Health and Safety Code 593.044
- 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
(c) If the proposed resident is a voluntary resident, the court for good cause may order the resident’s detention in:
(1) the facility to which the resident was voluntarily admitted; or
(2) another suitable location to which the resident may be transported under Subsection (b).