Texas Health and Safety Code 574.063 – Order for Temporary Detention
Current as of: 2024 | Check for updates
|
Other versions
(a) The person responsible for a patient’s court-ordered outpatient treatment or the facility administrator of the outpatient facility in which a patient receives treatment may file a sworn application for the patient’s temporary detention pending the modification hearing under § 574.062.
(b) The application must state the applicant’s opinion and detail the reasons for the applicant’s opinion that:
(1) the patient meets the criteria described by § 574.064(a-1); and
(2) detention in an inpatient mental health facility is necessary to evaluate the appropriate setting for continued court-ordered services.
Terms Used In Texas Health and Safety Code 574.063
- 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.
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. 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) The court may issue an order for temporary detention if a modification hearing is set and the court finds from the information in the application that there is probable cause to believe that the opinions stated in the application are valid.
(d) At the time the temporary detention order is signed, the judge shall appoint an attorney to represent a patient who does not have an attorney.
(e) Within 24 hours after the time detention begins, the court that issued the temporary detention order shall provide to the patient and the patient’s attorney a written notice that states:
(1) that the patient has been placed under a temporary detention order;
(2) the grounds for the order; and
(3) the time and place of the modification hearing.