Referral
A mentally ill person may enter the Mental Health Court process in one of two ways: 1) a referral through an Application for Emergency Apprehension and Detention/Mental Health Warrant, or 2) an emergency arrest by a peace officer. These two different processes are outlined below:
1.) Any adult may file an Application for Emergency Detention/Mental Health Warrant to detain her mentally ill loved one when she believes the loved one poses a significant danger to himself or others. Once the application is complete, a judge will review it to determine if the proposed patient is a danger to himself or others. If he is, the judge will sign a Mental Health Warrant for Psychiatric Examination, and a Hays County Mental Health Officer will serve the Order on the person and transport the individual to an appropriate facility for a preliminary psychiatric evaluation.
2.) A peace officer may, without a warrant, take a person into custody if the officer has reason to believe that a) the person is mentally ill; b) the person presents a substantial risk of harm to self or others unless restrained; and c) that there is no time to obtain a warrant. The person is then transferred to the nearest appropriate mental health facility for a psychiatric evaluation. The officer will then immediately file a Notification of Emergency Detention.
Evaluation
If a judge issues a Mental Health Warrant and the proposed patient is served with the warrant, the patient will be transported by a Hays County Mental Health Officer to the nearest mental health facility for a psychiatric evaluation. If the doctor(s) determine that the patient is mentally ill and a danger to himself or others, then within 48 hours the hospital will file an application for an Order for Protective Custody to detain the patient for further psychiatric observation and evaluation. If the doctor(s) determine the patient is neither mentally ill nor a danger to himself or others, then the individual will be discharged.
Mental Health Treatment
If a physician at the mental health facility believes that the patient is mentally ill and a danger to self or others, the facility will submit paperwork for an Order of Protective Custody to the Hays County Clerk’s Office. An Order of Protective Custody may be issued by a judge upon the request of an Assistant Criminal District Attorney in order to continue to hold a patient in a mental health facility pending a hearing on an Application for Court-Ordered Temporary Mental Health Services.
Before a judge may issue an Order of Protective Custody, all of the following must be filed in-person with the Hays County Clerk, Mental Health Section of the Probate Division, located at the Hays County Government Center at 712 S. Stagecoach Trail-Suite 2008, San Marcos, Texas 78666:
(1) Application for Court-Ordered Temporary Mental Health Services
(2) General Information Pursuant to Application
(3) Physician’s Certificate and
(4) Motion for an Order of Protective Custody.
Because the physician’s certificate is the most important document in the temporary commitment process, it should be the first one obtained. For detention to begin or continue, a physician who has seen the proposed patient within the last five (5) days must complete, and sign before a notary public, a physician’s certificate of mental illness. If the patient has a private physician/psychiatrist or attends an Austin/Travis County Integral Care (ATCIC) Outpatient Clinic, the patient’s physician may complete the initial certificate. If the proposed patient does not have a doctor, the proposed patient may be taken to a local hospital’s emergency room to obtain the required physician’s certificate.
All the paperwork needs to be given to a Hays County Deputy Clerk in the Mental Health Section of the County Clerk’s Office located at 712 S. Stagecoach Trail-Suite 2008, San Marcos, Texas 78666. Assuming all the required paperwork has been filed, the case will be presented to a judge. A judge will decide whether to issue the Order of Protective Custody, and – if the Order of Protective Custody is issued – the judge will sign an Order Appointing Attorney to represent the proposed patient and provide Notice of Hearing. If the Order of Protective Custody is not issued, the judge will sign an Order Denying Motion for Order of Protective Custody, which will result in the patient being released.
Once the judge signs the Order of Protective Custody, the proposed patient will be detained at a hospital or mental health facility pending a Probable Cause Hearing.
It is important to understand that a judge and his or her staff cannot discuss anything about the pending case because such discussions would violate the law governing the proposed patient’s right to privacy and the Code of Judicial Conduct’s prohibition against ex parte conversations about the merits of the case. Please respect the Court’s prohibition against discussing the case. The Court and its staff must abide by the law.
Interview
Once the Order of Protective Custody has been signed, the judge will appoint an attorney to represent the proposed patient. The appointed attorney should interview the proposed patient before the hearing and thoroughly discuss the facts, the patient’s rights, and the patient’s options.
Probable Cause Hearing and Commitment Hearing
Within 72 hours of being detained, a patient is entitled to a Probable Cause Hearing, governed by Texas Health & Safety Code § 574.025. This hearing is to determine if there is “probable cause” to detain the patient further due to his danger to self or others. The patient will be represented by the previously appointed Attorney Ad Litem. The patient will often testify on his own behalf.
At the Probable Cause Hearing, the judge may sign an order for continued detention if the judge finds that the patient presents a substantial risk of harm to himself or others to the extent that he should not remain at liberty. A Commitment Hearing follows the Probable Cause Hearing. Within 14 days of signing the Order of Protective Custody, the Court must hold a Commitment Hearing on the Application for Temporary Mental Health Services. The patient is entitled to be present and to a jury trial, but both can be waived by the patient or his attorney. To order this inpatient commitment, the judge must find by clear and convincing evidence that the patient is mentally ill and, as a result, is likely to cause serious harm to self; is likely to cause serious harm to others; or is experiencing substantial deterioration of his ability to function independently and is unable to make a rational and informed decision as to whether or not to submit to treatment.
Commitment
There are two types of civil mental health commitments: 1) inpatient and 2) outpatient.
1.) Inpatient mental health treatment is used when the patient needs to be more closely monitored to provide accurate diagnosis, help adjust or stabilize medications, or during an acute episode when a person’s mental illness temporarily worsens. Inpatient mental health services can be court-ordered for a temporary extension, up to 90 days, or for an extended period, up to one (1) year.
2.) Outpatient mental health treatment is less restrictive than inpatient. The patient is released on a conditional basis with a treatment plan, case management, court supervision, and after-care. Like inpatient treatment, outpatient services can be ordered for 90 days or up to one (1) year.
Extended mental health commitments up to one (1) year are rare and are typically ordered when a patient has received court-ordered inpatient services for at least 60 consecutive days in the preceding year and has a condition expecting to last more than 90 days.
Release
The treating doctor decides when a patient should be released from involuntary mental health treatment. Generally, social workers and case managers are responsible for making a discharge plan for the patient. This plan may include follow-up appointments, prescriptions for medications, housing, and related services.
Disclaimer
The information provided on this web page is intended for informational purposes only. Nothing herein should be taken as legal advice. No warranty is made as to the accuracy or correctness of any information contained on this web page. Every legal problem poses a unique set of facts and circumstances. A person seeking legal advice should contact her own attorney for that advice and should not rely on anything presented herein.
Legal Forms for Hospital/Provider
Disclaimer: A person commits an offense if the person intentionally causes, conspires with another to cause, or assists another to cause the unwarranted commitment of a person to a mental health facility. A person commits an offense if the person knowingly violates a provision of Tex. Health & Safety Code. An individual who commits an offense under this section is subject on conviction to: (1) a fine of not less than $50 or more than $25,000 for each violation and each day of a continuing violation; (2) confinement in jail for not more than two years for each violation and each day of a continuing violation; or (3) both fine and confinement. Tex. Health and Safety Code § 571.020.
Before a judge may issue an Order of Protective Custody, all the following must be filed in-person with the Hays County Clerk, Mental Health Section of the Probate Division, located at of the Hays County Government Center at 712 S. Stagecoach Trail-Suite 2008, San Marcos, Texas 78666:
1.) Application for Court-Ordered Temporary Mental Health Services
2.) General Information Pursuant to Application
3.) Physician’s Certificate
4.) Motion for an Order of Protective Custody
Legal Forms for Family Members and Friends
Disclaimer: A person commits an offense if the person intentionally causes, conspires with another to cause, or assists another to cause the unwarranted commitment of a person to a mental health facility. A person commits an offense if the person knowingly violates a provision of Tex. Health & Safety Code. An individual who commits an offense under this section is subject on conviction to: (1) a fine of not less than $50 or more than $25,000 for each violation and each day of a continuing violation; (2) confinement in jail for not more than two years for each violation and each day of a continuing violation; or (3) both fine and confinement. Tex. Health and Safety Code § 571.020.
Any adult may file an Application for Emergency Detention/Mental Health Warrant to detain her mentally ill loved one when she believes the loved one poses a significant danger to himself or others. Once the application is complete, a judge will review it to determine if the proposed patient is a danger to self or others. If he is, the judge will sign a Mental Health Warrant for Psychiatric Examination, and a Hays County Mental Health Officer will serve the Order on the person and transport the individual to an appropriate facility for a preliminary psychiatric evaluation.
At any point in the process, an applicant can consult a private attorney for aid in obtaining a Mental Health Warrant. Neither the Hays County Courts’ staff nor the Hays County Criminal District Attorney’s Office will provide legal advice.
To seek a Mental Health Warrant, a family member or friend would need to take the following steps:
Step 1: Fill out the following Mental Health Warrant documents:
- Application for Emergency Detention/Mental Health Warrant
- General Information Pursuant to Application
- Mental Health Warrant
Note: Do NOT sign the Application for Emergency Detention/Mental Health Warrant. You will need to sign the Application for Emergency Detention/Mental Health Warrant at the same time the document is notarized. See the steps below about how to get the Application for Emergency Detention/ Mental Health Warrant notarized.
Step 2: Drive to the Hays County Government Center located at 712 S. Stagecoach Trial, San Marcos, Texas 78666 with a printed copy of the completed Mental Health Warrant documents.
Step 3: When you arrive at the Hays County Government Center, go to the Hays County Courts’ Office located on the second floor in Suite 2292. Ask the person at the front desk for the Application for Emergency Detention/Mental Health Warrant to be notarized by Court Administrator, Michael Macias.
Step 4: Once the Application for Emergency Detention/Mental Health Warrant is notarized, you will walk to the County Clerk’s Office also located on the second floor of the Hays County Government Center in Suite 2008. At the County Clerk’s Office, you will ask to speak to a Hays County Deputy Clerk in the Mental Health Section (or any available Deputy Clerk). Tell this Deputy Clerk that you need to file an Application for Emergency Detention/Mental Health Warrant. Then hand said person the documents. This Hays County Deputy Clerk will file the notarized documents if you agree to pay the filing fee, which is $620.00.
Step 5: Once the documents are filed with the Hays County Clerk, return to the Hays County Courts’ Office located on the second floor in Suite 2292. Ask to speak Michael Macias or Jose Vela regarding the Mental Health Warrant documents you just filed. He or another court staff member will tell you when a judge will review the Mental Health Warrant documents. You will be asked to wait in the hallway until a Judge is ready to review the Mental Health Warrant documents.
Step 6: You will be called to the courtroom for a judge to review the Mental Health Warrant documents. The judge will ask you questions regarding whether the proposed patient is a danger to himself or others. There will be a court reporter in the courtroom who will document the proceeding, including any testimony you or others provide the court.
Step 7: The judge will decide whether the proposed patient is a danger to himself or others. If he the judge so finds, the judge will sign a Mental Health Warrant for Psychiatric Examination, and a Hays County Mental Health Officer will serve the Order on the person and transport the individual to an appropriate facility for a preliminary psychiatric evaluation. The Hays County Sheriff’s Office may contact you regarding the proposed patient’s whereabouts.
Follow-up: Neither the Hays County Courts’ staff nor the Hays County Criminal District Attorney’s Offices will provide follow-up information on the Mental Health Warrant. Please see the Hays County Mental Health Commitment Information if you have any questions about the evaluation process after a proposed patient is picked up on a Mental Health Warrant.
1 Motion For Protective Custody 2 Order On Motion For Protective Custody Application For Court-Ordered Temporary Mental Health Services Application For Emergency Detention Aka Warrant Mental Health Commitment Instructions