Texas Health and Safety Code 574.001 – Application for Court-Ordered Mental Health Services
Current as of: 2024 | Check for updates
|
Other versions
(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 attorney may file an application that is not accompanied by a certificate of medical examination.
(b) Except as provided by Subsection (f), the application must be filed with the county clerk in the county in which the proposed patient:
(1) resides;
(2) is found; or
(3) is receiving mental health services by court order or under Subchapter A, Chapter 573.
Terms Used In Texas Health and Safety Code 574.001
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- 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
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) If the application is not filed in the county in which the proposed patient resides, the court may, on request of the proposed patient or the proposed patient’s attorney and if good cause is shown, transfer the application to that county.
(d) An application may be transferred to the county in which the person is being detained under Subchapter B if the county to which the application is to be transferred approves such transfer. A transfer under this subsection does not preclude the proposed patient from filing a motion to transfer under Subsection (c).
(e) An order transferring a criminal defendant against whom all charges have been dismissed to the appropriate court for a hearing on court-ordered mental health services in accordance with Subchapter F, Chapter 46B, Code of Criminal Procedure, serves as an application under this section. The order must state that all charges have been dismissed.
(f) An application in which the proposed patient is a child in the custody of the Texas Juvenile Justice Department may be filed in the county in which the child’s commitment to the Texas Juvenile Justice Department was ordered.