reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 574.022 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 574 - Court-Ordered Mental Health Services|Subchapter B. Protective Custody|Section 574.022. Issuance of Order

Sec. 574.022.  ISSUANCE OF ORDER.  (a)  The judge or designated magistrate may issue a protective custody order if the judge or magistrate determines:(1)  that a physician has stated the physician's opinion and the detailed reasons for the physician's opinion that the proposed patient is a person with mental illness; and(2)  the proposed patient presents a substantial risk of serious harm to the proposed patient or others if not immediately restrained pending the hearing.(b)  The determination that the proposed patient presents a substantial risk of serious harm may be demonstrated by the proposed patient's behavior or by evidence of severe emotional distress and deterioration in the proposed patient's mental condition to the extent that the proposed patient cannot remain at liberty.(c)  The judge or magistrate may make a determination that the proposed patient meets the criteria prescribed by Subsection (a) from the application and certificate alone if the judge or magistrate determines that the conclusions of the applicant and certifying physician are adequately supported by the information provided.(d)  The judge or magistrate may take additional evidence if a fair determination of the matter cannot be made from consideration of the application and certificate only.(e)  The judge or magistrate may issue a protective custody order for a proposed patient who is charged with a criminal offense if the proposed patient meets the requirements of this section and the facility administrator designated to detain the proposed patient agrees to the detention.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1374, eff. April 2, 2015.|
TX Health & Safety Code § 574.023 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 574 - Court-Ordered Mental Health Services|Subchapter B. Protective Custody|Section 574.023. Apprehension Under Order

Sec. 574.023.  APPREHENSION UNDER ORDER.  (a)  A protective custody order shall direct a person authorized to transport patients under Section 574.045 to take the proposed patient into protective custody and transport the person immediately to a mental health facility deemed suitable by the local mental health authority for the area.  On request of the local mental health authority, the judge may order that the proposed patient be detained in an inpatient mental health facility operated by the department.(b)  The proposed patient shall be detained in the facility until a hearing is held under Section 574.025.(c)  A facility must comply with this section only to the extent that the commissioner determines that the facility has sufficient resources to perform the necessary services.(d)  A person may not be detained in a private mental health facility without the consent of the facility administrator.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 1512, Sec. 4, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 367, Sec. 9, eff. Sept. 1, 2001.|
TX Health & Safety Code § 574.024 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 574 - Court-Ordered Mental Health Services|Subchapter B. Protective Custody|Section 574.024. Appointment of Attorney

Sec. 574.024.  APPOINTMENT OF ATTORNEY.  (a)  When a protective custody order is signed, the judge or designated magistrate shall appoint an attorney to represent a proposed patient who does not have an attorney.(b)  Within a reasonable time before a hearing is held under Section 574.025, the court that ordered the protective custody shall provide to the proposed patient and the proposed patient's attorney a written notice that states:(1)  that the proposed patient has been placed under a protective custody order;(2)  the grounds for the order;  and(3)  the time and place of the hearing to determine probable cause.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 574.025 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 574 - Court-Ordered Mental Health Services|Subchapter B. Protective Custody|Section 574.025. Probable Cause Hearing

Sec. 574.025.  PROBABLE CAUSE HEARING.  (a)  A hearing must be held to determine if:(1)  there is probable cause to believe that a proposed patient under a protective custody order presents a substantial risk of serious harm to the proposed patient or others to the extent that the proposed patient cannot be at liberty pending the hearing on court-ordered mental health services; and(2)  a physician has stated the physician's opinion and the detailed reasons for the physician's opinion that the proposed patient is a person with mental illness.(b)  The hearing must be held not later than 72 hours after the time that the proposed patient was detained under a protective custody order.  If the period ends on a Saturday, Sunday, or legal holiday, the hearing must be held on the next day that is not a Saturday, Sunday, or legal holiday.  The judge or magistrate may postpone the hearing each day for an additional 24 hours if the judge or magistrate declares that an extreme emergency exists because of extremely hazardous weather conditions or the occurrence of a disaster that threatens the safety of the proposed patient or another essential party to the hearing.(c)  The hearing shall be held before a magistrate or, at the discretion of the presiding judge, before an associate judge appointed by the presiding judge.  Notwithstanding any other law or requirement, an associate judge appointed to conduct a hearing under this section may practice law in the court the associate judge serves.  The associate judge is entitled to reasonable compensation.(d)  The proposed patient and the proposed patient's attorney shall have an opportunity at the hearing to appear and present evidence to challenge the allegation that the proposed patient presents a substantial risk of serious harm to himself or others.(e)  The magistrate or associate judge may consider evidence, including letters, affidavits, and other material, that may not be admissible or sufficient in a subsequent commitment hearing.(f)  The state may prove its case on the physician's certificate of medical examination filed in support of the initial motion.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 101, Sec. 1, eff. May 16, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 334 (H.B. 890), Sec. 4, eff. September 1, 2009.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1375, eff. April 2, 2015.|
TX Health & Safety Code § 574.026 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 574 - Court-Ordered Mental Health Services|Subchapter B. Protective Custody|Section 574.026. Order for Continued Detention

Sec. 574.026.  ORDER FOR CONTINUED DETENTION.  (a)  The magistrate or associate judge shall order that a proposed patient remain in protective custody if the magistrate or associate judge determines after the hearing that an adequate factual basis exists for probable cause to believe that the proposed patient presents a substantial risk of serious harm to himself or others to the extent that he cannot remain at liberty pending the hearing on court-ordered mental health services.(b)  The magistrate or associate judge shall arrange for the proposed patient to be returned to the mental health facility or other suitable place, along with copies of the certificate of medical examination, any affidavits or other material submitted as evidence in the hearing, and the notification prepared as prescribed by Subsection (d).(c)  A copy of the notification of probable cause hearing and the supporting evidence shall be filed with the court that entered the original order of protective custody.(d)  The notification of probable cause hearing shall read as follows:(Style of Case)NOTIFICATION OF PROBABLE CAUSE HEARINGOn this the __________ day of __________, 20__, the undersigned hearing officer heard evidence concerning the need for protective custody of __________ (hereinafter referred to as proposed patient). The proposed patient was given the opportunity to challenge the allegations that the proposed patient presents a substantial risk of serious harm to self or others.The proposed patient and the proposed patient's attorney _____________ have  been  given  written  notice  that  the(attorney)proposed patient was placed under an order of protective custody and the reasons for such order on ___________________.       (date of notice)I have examined the certificate of medical examination for mentalillness and ___________________________________________. Based on (other evidence considered)this evidence, I find that there is probable cause to believe that the proposed patient presents a substantial risk of serious harm to the proposed patient (yes ___ or no ___) or others (yes ___ or no ___) such that the proposed patient cannot be at liberty pending final hearing because_______________________________________________________________________________________________________________________________.(reasons for finding; type of risk found)|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2009, 81st Leg., R.S., Ch. 334 (H.B. 890), Sec. 5, eff. September 1, 2009.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1376, eff. April 2, 2015.|
TX Health & Safety Code § 574.027 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 574 - Court-Ordered Mental Health Services|Subchapter B. Protective Custody|Section 574.027. Detention in Protective Custody

Sec. 574.027.  DETENTION IN PROTECTIVE CUSTODY.  (a)  A person under a protective custody order shall be detained in a mental health facility deemed suitable by the local mental health authority for the area.  On request of the local mental health authority, the judge may order that the proposed patient be detained in an inpatient mental health facility operated by the department.(b)  The facility administrator or the administrator's designee shall detain a person under a protective custody order in the facility until a final order for court-ordered mental health services is entered or the person is released or discharged under Section 574.028.(c)  A person under a protective custody order may not be detained in a nonmedical facility used to detain persons who are charged with or convicted of a crime except because of and during an extreme emergency and in no case for longer than 72 hours, excluding Saturdays, Sundays, legal holidays, and the period prescribed by Section 574.025(b) for an extreme emergency.  The person must be isolated from any person who is charged with or convicted of a crime.(d)  The county health authority shall ensure that proper care and medical attention are made available to a person who is detained in a nonmedical facility under Subsection (c).(e)  Repealed by Acts 2001, 77th Leg., ch. 367, Sec. 19, eff. Sept. 1, 2001.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 367, Sec. 10, 19, eff. Sept. 1, 2001.|
TX Health & Safety Code § 574.028 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 574 - Court-Ordered Mental Health Services|Subchapter B. Protective Custody|Section 574.028. Release From Detention

Sec. 574.028.  RELEASE FROM DETENTION.  (a)  The magistrate or associate judge shall order the release of a person under a protective custody order if the magistrate or associate judge determines after the hearing under Section 574.025 that no probable cause exists to believe that the proposed patient presents a substantial risk of serious harm to himself or others.(b)  Arrangements shall be made to return a person released under Subsection (a) to:(1)  the location of the person's apprehension;(2)  the person's residence in this state;  or(3)  another suitable location.(c)  A facility administrator shall discharge a person held under a protective custody order if:(1)  the facility administrator does not receive notice that the person's continued detention is authorized after a probable cause hearing held within 72 hours after the detention began, excluding Saturdays, Sundays, legal holidays, and the period prescribed by Section 574.025(b) for extreme emergencies;(2)  a final order for court-ordered mental health services has not been entered within the time prescribed by Section 574.005;  or(3)  the facility administrator or the administrator's designee determines that the person no longer meets the criteria for protective custody prescribed by Section 574.022.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2009, 81st Leg., R.S., Ch. 334 (H.B. 890), Sec. 6, eff. September 1, 2009.|
TX Health & Safety Code § 574.032 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 574 - Court-Ordered Mental Health Services|Subchapter C. Proceedings for Court-Ordered Mental Health Services|Section 574.032. Right to Jury

Sec. 574.032.  RIGHT TO JURY.  (a)  A hearing for temporary mental health services must be before the court unless the proposed patient or the proposed patient's attorney requests a jury.(b)  A hearing for extended mental health services must be before a jury unless the proposed patient or the proposed patient's attorney waives the right to a jury.(c)  A waiver of the right to a jury must be in writing, under oath, and signed and sworn to by the proposed patient and the proposed patient's attorney unless the proposed patient or the attorney orally waives the right to a jury in the court's presence.(d)  The court may permit an oral or written waiver of the right to a jury to be withdrawn for good cause shown.  The withdrawal must be made not later than the eighth day before the date on which the hearing is scheduled.(e)  A court may not require a jury fee.(f)  In a hearing before a jury, the jury shall determine if the proposed patient is a person with mental illness and meets the criteria for court-ordered mental health services.  The jury may not make a finding about the type of services to be provided to the proposed patient.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1377, eff. April 2, 2015.|
TX Health & Safety Code § 574.033 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 574 - Court-Ordered Mental Health Services|Subchapter C. Proceedings for Court-Ordered Mental Health Services|Section 574.033. Release After Hearing

Sec. 574.033.  RELEASE AFTER HEARING.  (a)  The court shall enter an order denying an application for court-ordered temporary or extended mental health services if after a hearing the court or jury fails to find, from clear and convincing evidence, that the proposed patient is a person with mental illness and meets the applicable criteria for court-ordered mental health services.(b)  If the court denies the application, the court shall order the immediate release of a proposed patient who is not at liberty.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1378, eff. April 2, 2015.|
TX Health & Safety Code § 574.0345 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 574 - Court-Ordered Mental Health Services|Subchapter C. Proceedings for Court-Ordered Mental Health Services|Section 574.0345. Order for Temporary Outpatient Mental Health Services

Sec. 574.0345.  ORDER FOR TEMPORARY OUTPATIENT MENTAL HEALTH SERVICES.  (a)  The judge may order a proposed patient to receive court-ordered temporary outpatient mental health services only if:(1)  the judge finds that appropriate mental health services are available to the proposed patient; and(2)  the judge or jury finds, from clear and convincing evidence, that:(A)  the proposed patient is a person with severe and persistent mental illness;(B)  as a result of the mental illness, the proposed patient will, if not treated, experience deterioration of the ability to function independently to the extent that the proposed patient will be unable to live safely in the community without court-ordered outpatient mental health services;(C)  outpatient mental health services are needed to prevent a relapse that would likely result in serious harm to the proposed patient or others; and(D)  the proposed patient has an inability to participate in outpatient treatment services effectively and voluntarily, demonstrated by:(i)  any of the proposed patient's actions occurring within the two-year period that immediately precedes the hearing; or(ii)  specific characteristics of the proposed patient's clinical condition that significantly impair the proposed patient's ability to make a rational and informed decision whether to submit to voluntary outpatient treatment.(b)  To be clear and convincing under Subsection (a)(2), the evidence must include expert testimony and evidence of a recent overt act or a continuing pattern of behavior that tends to confirm:(1)  the deterioration of ability to function independently to the extent that the proposed patient will be unable to live safely in the community;(2)  the need for outpatient mental health services to prevent a relapse that would likely result in serious harm to the proposed patient or others; and(3)  the proposed patient's inability to participate in outpatient treatment services effectively and voluntarily.(c)  An order for temporary outpatient mental health services shall state that treatment is authorized for not longer than 45 days, except that the order may specify a period not to exceed 90 days if the judge finds that the longer period is necessary.(d)  A judge may not issue an order for temporary outpatient mental health services for a proposed patient who is charged with a criminal offense that involves an act, attempt, or threat of serious bodily injury to another person.|Added by Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 12, eff. September 1, 2019.|
TX Health & Safety Code § 574.036 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 574 - Court-Ordered Mental Health Services|Subchapter C. Proceedings for Court-Ordered Mental Health Services|Section 574.036. Order of Care or Commitment

Sec. 574.036.  ORDER OF CARE OR COMMITMENT.  (a)  The judge shall dismiss the jury, if any, after a hearing in which a person is found to be a person with mental illness and to meet the criteria for court-ordered temporary or extended mental health services.(b)  The judge may hear additional evidence relating to alternative settings for care before entering an order relating to the setting for the care the person will receive.(c)  The judge shall consider in determining the setting for care the recommendation for the most appropriate treatment alternative filed under Section 574.012.(d)  The judge shall order the mental health services provided in the least restrictive appropriate setting available.(e)  The judge may enter an order:(1)  committing the person to a mental health facility for inpatient care if the trier of fact finds that the person meets the commitment criteria prescribed by Section 574.034(a) or 574.035(a); or(2)  committing the person to outpatient mental health services if the trier of fact finds that the person meets the commitment criteria prescribed by Section 574.0345(a) or 574.0355(a).|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 744, Sec. 7, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1381, eff. April 2, 2015.Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 16, eff. September 1, 2019.|
TX Health & Safety Code § 574.041 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 574 - Court-Ordered Mental Health Services|Subchapter D. Designation of Facility and Transportation of Patient|Section 574.041. Designation of Facility

Sec. 574.041.  DESIGNATION OF FACILITY.  (a)  In an order for temporary or extended mental health services specifying inpatient care, the court shall commit the patient to a designated inpatient mental health facility.  The court shall commit the patient to:(1)  a mental health facility deemed suitable by the local mental health authority for the area;(2)  a private mental hospital under Section 574.042;(3)  a hospital operated by a federal agency under Section 574.043; or(4)  an inpatient mental health facility of the Texas Department of Criminal Justice under Section 574.044.(b)  On request of the local mental health authority, the judge may commit the patient directly to an inpatient mental health facility operated by the department.(c)  A court may not commit a patient to an inpatient mental health facility operated by a community center or other entity designated by the department to provide mental health services unless the facility is licensed under Chapter 577 and the court notifies the local mental health authority serving the region in which the commitment is made.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 543, Sec. 3, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 367, Sec. 11, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.108, eff. September 1, 2009.|
TX Health & Safety Code § 574.0415 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 574 - Court-Ordered Mental Health Services|Subchapter D. Designation of Facility and Transportation of Patient|Section 574.0415. Information on Medications

Sec. 574.0415.  INFORMATION ON MEDICATIONS.  (a)  A mental health facility shall provide to a patient in the patient's primary language, if possible, and in accordance with department rules information relating to prescription medication ordered by the patient's treating physician.(b)  The facility shall also provide the information to the patient's family on request, but only to the extent not otherwise prohibited by state or federal confidentiality laws.|Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.05, eff. May 1, 1994.  Amended by Acts 1997, 75th Leg., ch. 337, Sec. 3, eff. May 27, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1382, eff. April 2, 2015.|