Texas Health and Safety Code 574.083 – Return to Facility Under Certificate of Facility Administrator or Court Order
(a) The facility administrator of a facility to which a patient was admitted for court-ordered inpatient health care services may authorize a peace officer of the municipality or county in which the facility is located to take an absent patient into custody, detain the patient, and return the patient to the facility by issuing a certificate as prescribed by Subsection (c) to a law enforcement agency of the municipality or county.
(b) If there is reason to believe that an absent patient may be outside the municipality or county in which the facility is located, the facility administrator may file an affidavit as prescribed by Subsection (c) with a magistrate requesting the magistrate to issue an order for the patient’s return. The magistrate with whom the affidavit is filed may issue an order directing a peace or health officer to take an absent patient into custody and return the patient to the facility. An order issued under this subsection extends to any part of this state and authorizes any peace officer to whom the order is directed or transferred to execute the order, take the patient into custody, detain the patient, and return the patient to the facility.
Terms Used In Texas Health and Safety Code 574.083
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
(c) The certificate issued or affidavit filed under Subsection (a) or (b) must set out facts establishing that the patient is receiving court-ordered inpatient mental health services at the facility and show that the facility administrator reasonably believes that:
(1) the patient is absent without authority from the facility;
(2) the patient has violated the conditions of a pass or furlough; or
(3) the patient’s condition has deteriorated to the extent that the patient’s continued absence from the facility under a pass or furlough is inappropriate.
(d) A peace or health officer shall take the patient into custody and return the patient to the facility as soon as possible if the patient’s return is authorized by a certificate issued or court order issued under this section.
(e) A peace or health officer may take the patient into custody without having the certificate or court order in the officer’s possession.
(f) A peace or health officer who cannot immediately return a patient to the facility named in the order may transport the patient to a local facility for detention. The patient may not be detained in a nonmedical facility that is used to detain persons who are charged with or convicted of a crime unless detention in the facility is warranted by an extreme emergency. If the patient is detained at a nonmedical facility:
(1) the patient:
(A) may not be detained in the facility for more than 24 hours; and
(B) must be isolated from all persons charged with or convicted of a crime; and
(2) the facility must notify the county health authority of the detention.
(g) The local mental health authority shall ensure that a patient detained in a nonmedical facility under Subsection (f) receives proper care and medical attention.
(h) Notwithstanding other law regarding confidentiality of patient information, the facility administrator may release to a law enforcement official information about the patient if the administrator determines the information is needed to facilitate the return of the patient to the facility.