(a) The court shall commit the proposed patient to a treatment facility approved by the department to accept court commitments for not more than 90 days if:
(1) the proposed patient admits the allegations of the application; or
(2) at the hearing on the merits, the court or jury finds that the material allegations in the application have been proved by clear and convincing evidence.
(b) The judge may, on request by the proposed patient, enter an order requiring the proposed patient to participate in a licensed outpatient treatment facility or services provided by a private licensed physician, psychologist, social worker, or professional counselor if the judge finds that the participation is in the proposed patient’s best interest considering the proposed patient’s impairment.