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Texas State Law provides for a variety of court ordered involuntary assessment, commitment, and treatment solutions for substance abuse and mental health disorders on both an inpatient and outpatient basis.
Chapter 573 Mental Health Code Texas is an example of an order to initiate an involuntary mental health assessment in the State of Texas.
Chapter 573 Texas
SUBCHAPTER A. APPREHENSION BY PEACE OFFICER OR TRANSPORTATION FOR EMERGENCY DETENTION BY GUARDIAN
Sec. 573.001. APPREHENSION BY PEACE OFFICER WITHOUT WARRANT. (a) A peace officer, without a warrant, may take a person into custody if the officer:
(1) has reason to believe and does believe that:
(A) the person is mentally ill; and
(B) because of that mental illness there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained; and
(2) believes that there is not sufficient time to obtain a warrant before taking the person into custody.
(b) A substantial risk of serious harm to the person or others under Subsection (a)(1)(B) may be demonstrated by:
(1) the person’s behavior; or
(2) evidence of severe emotional distress and deterioration in the person’s mental condition to the extent that the person cannot remain at liberty.
(c) The peace officer may form the belief that the person meets the criteria for apprehension:
(1) from a representation of a credible person; or
(2) on the basis of the conduct of the apprehended person or the circumstances under which the apprehended person is found.
(d) A peace officer who takes a person into custody under Subsection (a) shall immediately transport the apprehended person to:
(1) the nearest appropriate inpatient mental health facility; or
(2) a mental health facility deemed suitable by the local mental health authority, if an appropriate inpatient mental health facility is not available.
(e) A jail or similar detention facility may not be deemed suitable except in an extreme emergency.
(f) A person detained in a jail or a nonmedical facility shall be kept separate from any person who is charged with or convicted of a crime.
(g) A peace officer who takes a person into custody under Subsection (a) shall immediately inform the person orally in simple, nontechnical terms:
(1) of the reason for the detention; and
(2) that a staff member of the facility will inform the person of the person’s rights within 24 hours after the time the person is admitted to a facility, as provided by Section 573.025(b).
(g) A peace officer who takes a person into custody under Subsection (a) may immediately seize any firearm found in possession of the person. After seizing a firearm under this subsection, the peace officer shall comply with the requirements of Article 18.191, Code of Criminal Procedure.
Sec. 573.002. PEACE OFFICER’S NOTIFICATION OF DETENTION. (a) A peace officer shall immediately file with a facility a notification of detention after transporting a person to that facility in accordance with Section 573.001.
(b) The notification of detention must contain:
(1) a statement that the officer has reason to believe and does believe that the person evidences mental illness;
(2) a statement that the officer has reason to believe and does believe that the person evidences a substantial risk of serious harm to the person or others;
(3) a specific description of the risk of harm;
(4) a statement that the officer has reason to believe and does believe that the risk of harm is imminent unless the person is immediately restrained;
(5) a statement that the officer’s beliefs are derived from specific recent behavior, overt acts, attempts, or threats that were observed by or reliably reported to the officer;
(6) a detailed description of the specific behavior, acts, attempts, or threats; and
(7) the name and relationship to the apprehended person of any person who reported or observed the behavior, acts, attempts, or threats.
(c) The facility where the person is detained shall include in the detained person’s clinical file the notification of detention described by this section.
State laws are in place to support court ordered involuntary treatment, nevertheless, careful planning with a unified approach is essential for successfully using the laws to significantly increase the long term prognosis for your loved one’s recovery. Although CarePlanPro does not provide legal advice, we do provide professional services to support the recovery process including secure transport, intervention, recovery companion, and comprehensive care management and we work with likeminded professional attorneys throughout the State of Texas and across the country:
For a confidential and caring assessment of your individual case,
call CarePlanPro toll-free 24/7: 866-547-6237