reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 462.062 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 462 - Treatment of Persons With Chemical Dependencies|Subchapter D. Court-Ordered Treatment|Section 462.062. Application for Court-Ordered Treatment

Sec. 462.062.  APPLICATION FOR COURT-ORDERED TREATMENT.  (a)  A county or district attorney or other adult may file a sworn written application for court-ordered treatment of another person.  Only the district or county attorney may file an application that is not accompanied by a certificate of medical examination for chemical dependency.(b)  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 treatment services by court order or under Section 462.041.(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)  The application must be styled using the initials of the proposed patient and not the proposed patient's full name.(e)  The application must contain the following information according to the applicant's information and belief:(1)  the proposed patient's name and address, including the county in which the proposed patient resides, if known;(2)  a statement that the proposed patient is a person with a chemical dependency who:(A)  is likely to cause serious harm to the person or others; or(B)  will continue to suffer abnormal mental, emotional, or physical distress, will continue to deteriorate in ability to function independently if not treated, and is unable to make a rational and informed choice as to whether to submit to treatment; and(3)  a statement that the proposed patient is not charged with a criminal offense that involves an act, attempt, or threat of serious bodily injury to another person.(f)  Subsection (e)(3) does not apply if the proposed patient is a juvenile alleged to be a child engaged in delinquent conduct or conduct indicating a need for supervision as defined by Section 51.03, Family Code.|Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1169, eff. April 2, 2015.|
TX Health & Safety Code § 462.063 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 462 - Treatment of Persons With Chemical Dependencies|Subchapter D. Court-Ordered Treatment|Section 462.063. Prehearing Procedure

Sec. 462.063.  PREHEARING PROCEDURE.  (a)  When the application is filed, the court shall set a date for a hearing on the merits of the application to be held within 14 days after the date on which the application is filed.  The hearing may not be held during the first three days after the application is filed if the proposed patient or the proposed patient's attorney objects.  The court may grant one or more continuances of the hearing on motion by a party and for good cause shown or on agreement of the parties.  However, the hearing shall be held not later than the 30th day after the date on which the original application is filed.(b)  Immediately after the date for the hearing is set, the clerk shall give written notice of the hearing and a copy of the application to the proposed patient and the proposed patient's attorney in the manner the court directs.(c)  The court shall appoint an attorney to represent the proposed patient if the proposed patient does not retain an attorney of the proposed patient's choice.(d)  The court shall appoint an attorney for a proposed patient who is a minor, regardless of the ability of the proposed patient or the proposed patient's family to afford an attorney.(e)  The court shall allow a court-appointed attorney a reasonable fee for services.  The fee shall be collected as costs of the court.|Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.|
TX Health & Safety Code § 462.064 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 462 - Treatment of Persons With Chemical Dependencies|Subchapter D. Court-Ordered Treatment|Section 462.064. Certificate of Medical Examination for Chemical Dependency

Sec. 462.064.  CERTIFICATE OF MEDICAL EXAMINATION FOR CHEMICAL DEPENDENCY.  (a)  A hearing on court-ordered treatment may not be held unless there are on file with the court at least two certificates of medical examination for chemical dependency completed by different physicians each of whom has examined the proposed patient not earlier than the 30th day before the date the final hearing is held.(b)  If the certificates are not filed with the application, the court may appoint the necessary physicians to examine the proposed patient and file the certificates.  The court may order the proposed patient to submit to the examinations and may issue a warrant authorizing a peace officer to take the proposed patient into custody for the examinations.(c)  A certificate must be dated and signed by the examining physician.  The certificate must include:(1)  the name and address of the examining physician;(2)  the name and address of the proposed patient;(3)  the date and place of the examination;(4)  the period, if any, during which the proposed patient has been under the care of the examining physician;(5)  an accurate description of the treatment, if any, given by or administered under the direction of the examining physician; and(6)  the examining physician's opinions whether the proposed patient is a person with a chemical dependency and:(A)  is likely to cause serious harm to the person;(B)  is likely to cause serious harm to others; or(C)  will continue to suffer abnormal mental, emotional, or physical distress and to deteriorate in ability to function independently if not treated and is unable to make a rational and informed choice as to whether or not to submit to treatment.(d)  The certificate must include the detailed reason for each of the examining physician's opinions under this section.(e)  If the certificates required under this section are not on file at the time set for the hearing on the application, the judge shall dismiss the application and order the immediate release of the proposed patient if that person is not at liberty.  If extremely hazardous weather conditions exist or a disaster occurs, the presiding judge or magistrate may by written order made each day extend the period during which the two certificates of medical examination for chemical dependency may be filed, and the person may be detained until 4 p.m. on the first succeeding business day.  The written order must declare that an emergency exists because of the weather or the occurrence of a disaster.|Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 567, Sec. 14, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1170, eff. April 2, 2015.|
TX Health & Safety Code § 462.067 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 462 - Treatment of Persons With Chemical Dependencies|Subchapter D. Court-Ordered Treatment|Section 462.067. Hearing on Application for Court-Ordered Treatment

Sec. 462.067.  HEARING ON APPLICATION FOR COURT-ORDERED TREATMENT.  (a)  A hearing on court-ordered treatment must be before a jury unless the proposed patient and the proposed patient's attorney waive the right to a jury.  The waiver may be filed at any time after the proposed patient is served with the application and receives notice of the hearing.  The waiver must be in writing, under oath, and signed and sworn to by the proposed patient and the proposed patient's attorney.(b)  The proposed patient is entitled to a hearing and to be present at the hearing, but the proposed patient or the proposed patient's attorney may waive either right.(c)  A court hearing may be held at any suitable location in the county.  On the request of the proposed patient or the proposed patient's attorney, the hearing shall be held in the county courthouse.(d)  The Texas Rules of Civil Procedure and Texas Rules of Evidence apply to a hearing unless the rules are inconsistent with this chapter.  The hearing is on the record, and the state must prove each issue by clear and convincing evidence.(e)  In addition to the rights prescribed by this chapter, the proposed patient is entitled to:(1)  present evidence on the proposed patient's own behalf;(2)  cross-examine witnesses who testify on behalf of the applicant;(3)  view and copy all petitions and reports in the court file of the cause;  and(4)  elect to have the hearing open or closed to the public.(f)  The proposed patient or the proposed patient's attorney, by a written document filed with the court, may waive the right to cross-examine witnesses, and, if that right is waived, the court may admit as evidence the certificates of medical examination for chemical dependency.  The certificates admitted under this subsection constitute competent medical or psychiatric testimony, and the court may make its findings solely from the certificates.  If the proposed patient or the proposed patient's attorney does not waive the right to cross-examine witnesses, the court shall hear testimony.  The testimony must include competent medical or psychiatric testimony.|Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 567, Sec. 15, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 1420, Sec. 10.0031, eff. Sept. 1, 2001.|
TX Health & Safety Code § 462.068 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 462 - Treatment of Persons With Chemical Dependencies|Subchapter D. Court-Ordered Treatment|Section 462.068. Release After Hearing

Sec. 462.068.  RELEASE AFTER HEARING.  (a)  The court shall enter an order denying an application for court-ordered treatment if after a hearing the court or jury fails to find, from clear and convincing evidence, that the proposed patient is a person with a chemical dependency and meets the criteria for court-ordered treatment.(b)  If the court denies the application, the court shall order the discharge of a proposed patient who is not at liberty.|Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1173, eff. April 2, 2015.|
TX Health & Safety Code § 462.069 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 462 - Treatment of Persons With Chemical Dependencies|Subchapter D. Court-Ordered Treatment|Section 462.069. Court Order and Place of Treatment

Sec. 462.069.  COURT ORDER AND PLACE OF TREATMENT.  (a)  The court shall commit the proposed patient to a treatment facility approved by the department to accept court commitments for not more than 90 days if:(1)  the proposed patient admits the allegations of the application; or(2)  at the hearing on the merits, the court or jury finds that the material allegations in the application have been proved by clear and convincing evidence.(b)  The judge may, on request by the proposed patient, enter an order requiring the proposed patient to participate in a licensed outpatient treatment facility or services provided by a private licensed physician, psychologist, social worker, or professional counselor if the judge finds that the participation is in the proposed patient's best interest considering the proposed patient's impairment.|Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1174, eff. April 2, 2015.|
TX Health & Safety Code § 462.070 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 462 - Treatment of Persons With Chemical Dependencies|Subchapter D. Court-Ordered Treatment|Section 462.070. Motion for Modification of Order for Outpatient Treatment

Sec. 462.070.  MOTION FOR MODIFICATION OF ORDER FOR OUTPATIENT TREATMENT.  (a)  The court that entered an order directing a patient to participate in outpatient care or services may set a hearing to determine if the order should be modified to specifically require inpatient treatment.  The court may set the hearing on its own motion, at the request of the person responsible for the care or treatment, or at the request of any other interested person.(b)  The court shall appoint an attorney to represent the patient if a hearing is held.  The patient shall be given notice of the matters to be considered at the hearing.  The notice must comply with the requirements of Section 462.063 for notice before a hearing on court-ordered treatment.(c)  The hearing shall be held before the court, without a jury, and as prescribed by Section 462.067.  The patient shall be represented by an attorney and receive proper notice.|Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.|
TX Health & Safety Code § 462.071 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 462 - Treatment of Persons With Chemical Dependencies|Subchapter D. Court-Ordered Treatment|Section 462.071. Order for Temporary Detention

Sec. 462.071.  ORDER FOR TEMPORARY DETENTION.  (a)  The person responsible for a patient's court-ordered outpatient care or treatment or the administrator of the outpatient treatment facility in which a patient receives care or treatment shall file a sworn application for the patient's temporary detention pending the modification hearing.(b)  The application must state the applicant's opinion and detail the basis for the applicant's opinion that:(1)  the patient meets the criteria described by Section 462.072;  and(2)  detention in an approved inpatient treatment facility is necessary to evaluate the appropriate setting for continued court-ordered services.(c)  The court may issue an order for temporary detention if 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 order for temporary detention is signed, the court shall appoint an attorney to represent a patient who does not have an attorney.(e)  Within 72 hours after the time the 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.(f)  A temporary detention order shall direct a peace officer or other designated person to take the patient into custody and transport the patient immediately to:(1)  the nearest appropriate approved inpatient treatment facility;  or(2)  a suitable facility if an appropriate approved inpatient treatment facility is not available.(g)  A patient may be detained under a temporary detention order for not more than 72 hours.  The exceptions applicable to the 72-hour limitation for holding a probable cause hearing for an order of protective custody under Section 462.066(a) apply to detention under this section.(h)  A facility administrator shall immediately release a patient held under a temporary detention order if the facility administrator does not receive notice that the patient's continued detention was authorized after a modification hearing was held within the period prescribed by Subsection (g).(i)  A patient released from an inpatient treatment facility under Subsection (h) continues to be subject to the order committing the person to an approved outpatient treatment facility, if the order has not expired.|Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.|
TX Health & Safety Code § 462.072 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 462 - Treatment of Persons With Chemical Dependencies|Subchapter D. Court-Ordered Treatment|Section 462.072. Modification of Order for Outpatient Services

Sec. 462.072.  MODIFICATION OF ORDER FOR OUTPATIENT SERVICES.  (a)  The court may modify an order for outpatient services at the modification hearing if the court determines that the patient continues to meet the applicable criteria for court-ordered treatment prescribed by this chapter and that:(1)  the patient has not complied with the court's order;  or(2)  the patient's condition has deteriorated to the extent that outpatient care or services are no longer appropriate.(b)  A court may refuse to modify the order and may direct the patient to continue to participate in outpatient care or treatment in accordance with the original order even if the criteria prescribed by Subsection (a) have been met.(c)  The court's decision to modify an order must be supported by at least one certificate of medical examination for chemical dependency signed by a physician who examined the patient not earlier than the seventh day before the date the hearing is held.(d)  A modification may include:(1)  incorporating in the order a revised treatment program and providing for continued outpatient care or treatment under the modified order, if a revised general program of treatment was submitted to and accepted by the court;  or(2)  providing for commitment to an approved treatment facility for inpatient care.(e)  A court may not extend the provision of court-ordered treatment beyond the period prescribed in the original order.|Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.|
TX Health & Safety Code § 462.073 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 462 - Treatment of Persons With Chemical Dependencies|Subchapter D. Court-Ordered Treatment|Section 462.073. Modification of Order for Inpatient Treatment

Sec. 462.073.  MODIFICATION OF ORDER FOR INPATIENT TREATMENT.  (a)  The administrator of a facility to which a patient is committed for inpatient treatment may request the court that entered the commitment order to modify the order to require the patient to participate in outpatient care or services.(b)  The facility administrator's request must explain in detail the reason for the request.  The request must be accompanied by a certificate of medical examination for chemical dependency signed by a physician who examined the patient during the preceding seven days.(c)  The patient shall be given notice of the request.(d)  On request of the patient or any other interested person, the court shall hold a hearing on the request.  The court shall appoint an attorney to represent the patient at the hearing.  The hearing shall be held before the court without a jury and as prescribed by Section 462.067.  The patient shall be represented by an attorney and receive proper notice.(e)  If a hearing is not requested, the court may make the decision solely from the request and the supporting certificate.(f)  If the court modifies the order, the court shall identify a person to be responsible for the outpatient care or services.(g)  The person responsible for the care or services shall submit to the court within two weeks after the court enters the order a general program of the treatment to be provided.  The program must be incorporated into the court order.(h)  A modified order may not extend beyond the term of the original order.|Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.|
TX Health & Safety Code § 462.0731 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 462 - Treatment of Persons With Chemical Dependencies|Subchapter D. Court-Ordered Treatment|Section 462.0731. Outpatient Care in Certain Counties

Sec. 462.0731.  OUTPATIENT CARE IN CERTAIN COUNTIES.  (a)  This section applies to a chemically dependent patient who is a resident of a county with a population of more than 3.3 million, according to the most recent federal decennial census, and whose inpatient commitment is modified to an outpatient commitment, who is furloughed from an inpatient facility, or who is committed to treatment on an outpatient basis.(b)  The department shall arrange and furnish alternative settings for outpatient care, treatment, and supervision in the patient's county of residence.  The services must be provided as close as possible to the patient's residence.(c)  A patient receiving services under this section shall report at least weekly to the person responsible for the patient's outpatient care and services.(d)  The person responsible for the patient's outpatient care or treatment shall notify the committing court of the patient's treatment plan and condition at least monthly until the end of the commitment period.|Added by Acts 1991, 72nd Leg., ch. 567, Sec. 16, eff. Sept. 1, 1991.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 48, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1175, eff. April 2, 2015.|
TX Health & Safety Code § 462.074 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 462 - Treatment of Persons With Chemical Dependencies|Subchapter D. Court-Ordered Treatment|Section 462.074. Hospitalization Outside Treatment Facility

Sec. 462.074.  HOSPITALIZATION OUTSIDE TREATMENT FACILITY.  (a)  A patient receiving court-ordered treatment in a treatment facility may be transferred to a hospital if, in the opinion of a licensed physician, the patient requires immediate medical care and treatment.(b)  The hospital may, with the patient's consent, provide any necessary medical treatment, including surgery.  The hospital may provide medical treatment without the patient's consent to the extent provided by other law.(c)  The patient shall be returned to the treatment facility if the order for court-ordered treatment has not expired at the completion of the hospital treatment.(d)  An order for court-ordered treatment may be renewed while the person is in the hospital.|Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.|