Laws Relating to Mental Health
Presented by Sandra K. Sanders County Clerk, Wharton County, Texas May 9, 2018
21 st Edition Texas Laws Relating to Mental Health Published by the Department of State Health Services Health and Human Services Commission Austin, Texas June 2017 Health & Safety Code – Title 7 Chapters 531, 532, 533, 534, 551, 551, 554, 571, 572, 573, 574, 575, 576, 577, 578, 611, 612, 614, 615 State Constitutional Provisions Bill of Rights Sec. 15 Counties Sec. 9, 13 General provisions Sec. 6, 38, 40 Family Code Sec. 55
Application for Commitment & Prehearing Procedures Forms to start: Application for Court-ordered Mental Health Services(signed by Applicant) Motion for an Order of Protective Custody by County Attorney (accompanied by doctor’s certificate and signed by County Attorney) Notice of Hearings, Probable Cause and/or Court-ordered Temporary Mental Health Services (to be signed by clerk) Order Appointing Attorney, for inspection, setting hearings, and for Notice to Proposed Patient (to be signed by Judge)
Application for Commitment & Prehearing Procedures Forms to start: Order of Protective Custody (to be signed by Judge) Notice to Proposed Patient (to be signed by Judge) Order of Protective Custody (to be signed by Judge Duties of Attorney (to be signed by Judge) Packet with Initial Forms to Clerk for Attorney to Complete
Application for Commitment & Prehearing Procedures Forms to start: Acknowledgment of Notice by Attorney (signed by Attorney) Notification to Court of Patient’s Response to Attorney (signed by Attorney)
Attorney Submits Before Probable Cause Hearing : Waiver of Probable Cause Hearing, if applicable(signed by attorney and approved by Judge) Order for Release or Continued Detention (variables for “hearing held” and “hearing waiver”)
Before Hearing on Application for Service: Order for Temporary In-Patient Mental Health Services (signed by Judge) Writ of Commitment (signed by Clerk) The proposed patient is the person responsible for the cost. Most of Wharton County’s are indigent.
Commitment to Private Facility Sec. 574.042 The court may order a patient committed to a private mental hospital at no expense to the state if the court receives: 1. An application signed by the patient or the patient’s guardian or next friend requesting that the patient be placed in a designated private mental hospital at the patient’s or applicant’s expense: and 2. Written agreement from the hospital administrator of the private mental hospital to admit the patient and to accept responsibility for the patient in accordance with this subtitle.
Emergency Detention, Release, and Rights Apprehension by Peace Officer without Warrant Sec. 573.001 (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
Sec. 573.021 Preliminary Examination A facility shall temporarily accept a person for whom an application for detention is filed or for whom a peace officer or emergency medical services personnel files a notification of detention under completed by the peace officer Sec. 573.002(a) A person accepted for a preliminary examination may be detained in custody for not longer than 48 hours unless a written order for protective custody is obtained.
Estates Code Sec. 1151.053 Commitment of Ward (a) Except as provided by Subsection (b) or (c), a guardian may not voluntarily admit a ward to a public or private inpatient psychiatric facility operated by the Department of State Health Services for care and treatment or to a residential facility operated by the Department of Aging and Disability Services for care and treatment. If care and treatment in a psychiatric or residential facility is necessary, the ward or the ward’s guardian may:
(1) Apply for services under Sec . 593.027 or 593.028, Health and Safety Code; (2) to a court to commit the person under Subtitle C or D, Title 7, Health and Safety Code, or Chapter 462, Health and Safety Code; or (3) Transport the ward to an inpatient mental health facility for a preliminary examination in accordance with Subchapters A and C, Chapter 573, Health and Safety Code.
(b) A guardian of a person younger than 18 years of age may voluntarily admit the ward to a public or private inpatient psychiatric facility for care and treatment. (c) A guardian of a person may voluntarily admit an incapacitated person to a residential care facility for emergency care or respite care under Sec. 593.027 or 593.028 Health and Safety Code. The guardian cannot do a voluntary commitment has to get a court order.
New Mental Health Reporting Requirements Senate Bill 1326 85 th Legislative Session, effective September 1, 2017 Mental Health/Intellectual Disability Assessments and Competency Evaluation Reports In adult felony or class A or B misdemeanor cases
Mental Health/Intellectual Disability Assessments Magistrate orders assessment Assessment must be documental on form approved by the Texas Correctional Office on Offenders with Medical or Mental Impairments
The assessment is NOT: A screening form/notice sent by the jail or sheriff about a potential mental health issue A magistrate notification form or An order for an assessment to be completed Magistrate provides copies to defense counsel, state’s attorney and the trail court Magistrate sends to district or county clerk
Clerk Reports All assessments received, regardless if indictment or information filed OR: When indictment or information filed Whichever is more convenient for you
Competency Evaluation Reports Judge order evaluation to determine whether defendant incompetent to stand trial Judge or court staff ensures that clerk receives copy of evaluation report Clerk reports competency evaluation in month received by the clerk’s office Where to Report Assessments and Evaluations
Criminal Section of Monthly Court Activity Report Additional Court Activity 24. Mental Illness/Intellectual Disability Assessments 25. Competency Examination Reports SB 1326 Resources: http://www.txcourts.gov/publications-training/ training-materials/mental-health/
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