Texas Health and Safety Code 462.046 – Information to Be Provided On Admission
(a) The personnel of a treatment facility shall immediately advise a person admitted under § 462.044 that:
(1) the person may be detained for treatment for not longer than 24 hours after the time of the initial detention unless an order for further detention is obtained;
(2) if the administrator finds that the statutory criteria for emergency detention no longer apply, the administrator shall release the person;
(3) not later than the 24th hour after the hour of the initial detention, the facility administrator may file in a court having original jurisdiction under this chapter a petition to have the person committed for court-ordered treatment under Subchapter D;
(4) if the administrator files a petition for court-ordered treatment, the person is entitled to a judicial probable cause hearing not later than the 72nd hour after the hour the detention begins under an order of protective custody to determine whether the person should remain detained in the facility;
(5) when the application for court-ordered services is filed, the person has the right to have counsel appointed if the person does not have an attorney;
(6) the person has the right to communicate with counsel at any reasonable time and to have assistance in contacting the counsel;
(7) the person’s communications to the personnel of the treatment facility may be used in making a determination relating to detention, may result in the filing of a petition for court-ordered treatment, and may be used at a court hearing;
(8) the person is entitled to present evidence and to cross-examine witnesses who testify on behalf of the petitioner at a hearing;
(9) the person may refuse medication unless there is an imminent likelihood of serious physical injury to the person or others if the medication is refused;
(10) beginning on the 24th hour before a hearing for court-ordered treatment, the person may refuse to take medication unless the medication is necessary to save the person’s life; and
(11) the person is entitled to request that a hearing be held in the county of the person’s residence, if the county is in the state.
(b) The personnel of the treatment facility shall provide the information required by Subsection (a) to the person orally, in writing, and in simple, nontechnical terms.
Terms Used In Texas Health and Safety Code 462.046
- 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.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Testify: Answer questions in court.