MENTAL HEALTH COMMITMENTS
Chapters 571 through 578 of the Texas Health and Safety Code, also know as the Texas Mental
Health Code, describe the requirements for voluntary and involuntary treatment in a psychiatric
facility.
Voluntary Admission
Any person 16 years or older can voluntarily admit themselves to a mental health facility.
For voluntary admission, the person must submit a signed written request for admission to the
director of the mental health facility. A hospital staffer informs the person orally and in writing
of the person’s rights as a voluntary patient. The person must agree to submit to the facility's
custody for diagnosis, observation, care, and treatment until the person is discharged or until the
person has filed a written request for release with the facility's director. An application for courtordered mental health services may not be filed against a person receiving voluntary inpatient
services unless the doctor responsible for the patient's treatment believes the patient meets the
criteria for court-ordered mental health services.
A parent, managing conservator or guardian can voluntarily admit a minor who is under 18 with
a signed written request for admission.
Court-Ordered Mental Health Services
When a person becomes seriously mentally ill, temporary hospitalization at an inpatient psychiatric hospital may be the recommended treatment. A person may
enter a psychiatric hospital voluntarily. However, a person has a right to refuse
treatment.
Basis for Commitment
A person who refuses hospitalization may be committed to a court-ordered
hospitalization, if the person is found to be mentally ill to the degree that there is a
substantial risk of serious harm to themselves or to others.
Due Process
Because a court-ordered hospitalization is a significant infringement on a person’s
constitutional rights to exercise their liberty, due process of law is required.
A patient is entitled to a full trial, legal representation, and the right to crossexamine all witnesses. Since the patient may be uncooperative, the law provides a
process permitting the patient to be taken into custody and detained for
psychiatric examination and protection until the trial can be held on the temporary
order.
In most counties, the County Court has probate jurisdiction (the authority to
conduct civil mental health hearings). However, some counties have probate
courts, which can conduct civil mental health hearings.
Emergency Detention
Without a warrant
If there is no time to get a warrant, law enforcement may take the person into
custody and transport the person to a mental health facility for assessment. To
transport a person without a warrant, the officer must have reason to believe:

the person is mentally ill; and

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.
Emergency detentions without warrants are limited to 48 hours (except when that
time period ends on a weekend, holiday or before 4pm on the succeeding business
day). A jail is not an appropriate mental health facility in which to receive an
assessment for mental illness.
With a warrant
A judge or magistrate can issue an emergency detention order to obtain a medical
assessment to determine whether a person needs court-ordered hospitalization. A
law enforcement officer will be issued a warrant to carry out the order.
In order for a judge to grant an order for emergency detention, the application for
the order must state:

the individual applying for the order has a reason to believe that the person
is mentally ill;

that there is a substantial risk of serious harm to the person or to others;

a specific description of the risk of harm;

that the applicant has reason to believe that the risk of harm is imminent
unless the person is immediately restrained;

that the applicant's beliefs are derived from specific recent behavior, overt
acts, attempts, or threats;

a detailed description of the specific behavior, acts, attempts, or threats;
and

a detailed description of the applicant's relationship to the person whose
detention is sought.
A judge may issue an order for emergency detention if the person must be
immediately restrained because he or she exhibits behavior that is a current threat
to the life of the person or another person.
A doctor must examine a persons detained in a mental health facility within 48
hours of detention. If the doctor does not certify the need for further detention the
facility must release the person.
Law enforcement provides transportation for the person when carrying out an
order for emergency detention.
For a guardian
The guardian can transport the person to mental health facility for assessment
without law enforcement after obtaining the warrant. However, the guardian must
also file written notice of the application with the court that granted the
guardianship.
Mental Health Commitment
An applicant must file a sworn application for temporary commitment with the
court with probate jurisdiction in the county in which the proposed patient lives or
is receiving mental health services. The application must also include a doctor’s
statement that indicates that the person meets the statutory criteria for courtordered commitment.
The court appoints an attorney ad litem to represent the person.
A hearing for a temporary commitment cannot occur until at least two doctors
have examined the person. At least one doctor must be a psychiatrist.
A county attorney represents the state in the commitment hearing. After a full
hearing, typically held within 14 calendar days of the filing of an application for
court-ordered mental health services, the court may issue an order for temporary
mental health services for up to 90 calendar days. If the person requests it, a jury
trial is held.
If the person needs to be detained until the hearing on the temporary commitment
can be held, an order for protective custody is requested. Detention pending the
hearing is at a hospital.
The judge may order a person to receive court-ordered mental health services only
if the judge or jury finds, from clear and convincing evidence, that a person is
mentally ill and:

is likely to seriously harm himself or herself or others, as a result of that
mental illness; or

is suffering severe and abnormal mental, emotional, or physical distress;
and

has a condition that will progress to the point that the person cannot care
for himself or herself; or

is unable to make a rational and informed decision as to whether or not to
submit to treatment.
If the mental health facility believes the person needs additional inpatient
treatment beyond the initial 90 day period, it can request that another hearing be
held and the court issues an extended commitment.
Extended Commitment
A judge may order extended inpatient treatment for up to 12 months if there is
clear and convincing evidence that the person’s condition is expected to continue
for more than 90 days and the person has already received court-ordered inpatient
mental health services for at least 60 days during the past 12 months.
Out-Patient Treatment
In the hearing, the judge may order the patient to participate in out-patient
treatment rather than in-patient (hospitalization) treatment if there are services
available in the community. The judge must also find that the person unable to
voluntarily participate in outpatient treatment.
Involuntary Criminal Commitment
Articles 46B and 46C of the Texas Code of Criminal Procedure describe the requirement for
involuntary commitments of persons under criminal court jurisdiction.
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SUBSTANCE ABUSE COMMITMENTS
Without a warrant
If there is no time to get a warrant, law enforcement may take the person into
custody and transport the person to a treatment facility for a preliminary
examination. To transport a person without a warrant, the officer must have
reason to believe:

the person is chemically dependant; and

because of that chemical dependency there is a substantial risk of serious
harm to the person or to others unless the person is immediately
restrained.
Emergency detentions without warrants are limited to 24 hours. A jail is not an
appropriate treatment facility to receive a preliminary examination.
Court-Ordered Substance Abuse Treatment
Court-ordered substance abuse treatment must adhere to requirements similar to court-ordered
mental health treatment.
An applicant must file a sworn application for temporary commitment with the court with
probate jurisdiction in the county in which the proposed patient lives or is receiving substance
abuse services. The judge may order a person to receive court-ordered substance abuse
treatment only if the judge or jury finds, from clear and convincing evidence, that a person is
chemically dependent and:
 unable to make a rational and informed decision as to whether or not to submit to
treatment;
 not charged with a criminal offense that involves an act, attempt, or threat of serious
bodily injury to another person; and
 is likely to harm himself or others; or
 will continue to suffer abnormal mental, emotional, or physical distress, will continue to
deteriorate in ability to function independently if not treated.
The court must have two separate medical certificates from physicians about evidence of
chemical dependency within the last 30 days before the court can hold a hearing. The court can
commit a person to a chemical dependency facility approved by DSHS for up to 90 days. The
court can renew the order for treatment if the applicant files for renewal, has two additional
physician statements about the necessity of treatment, and the person receiving treatment still
presents a danger to himself or others. The administrator of the facility may request that the
court modify the order to require outpatient rather than inpatient services.
The person will be discharged from the facility when the court commitment expires or the
facility administrator determines that person does not need court ordered treatment.
Involuntary Criminal Substance Abuse Commitment—Alternative Sentencing
A criminal court judge may remand a defendant to a treatment facility for up to 90 days, instead
of incarceration or fine, if:
 the defendant has been found guilty of a Class A or B misdemeanor;
 the crime resulted from the defendant's chemical dependency;
 a treatment facility is available to treat the defendant; and
 the treatment facility agrees in writing to admit the defendant under this section.
The court's order for treatment is a final conviction. Alternative sentencing cannot be used for
mentally ill defendants.
A juvenile court may remand a child to a treatment facility for up to 90 days if:
 the child has engaged in delinquent conduct as a result of the child's chemical
dependency;
 a treatment facility is available to treat the child; and
 the facility agrees in writing to receive the child.