Involuntary Hospital Commitment Procedures 

Care and Treatment for Persons with Mental Illness

The following information is provided to answer common questions concerning mental illness cases. It is not intended to serve as legal advice.

If you need immediate assistance please contact the Granbury Police Department if residing inside city limits at (817) 573-2648 or for outside the city limits (county) the Sheriff’s Office at (817) 579-3316.

If the individual is unwilling to get treatment, Peace Officers have authority to detain, without an order or warrant, persons who seem to be experiencing a mental illness causing them to be dangerous to themselves or to others. The risk of harm must be imminent. The officer shall transport the proposed patient to a treatment facility where the individual will be examined by a physician or psychologist. A person brought to a mental facility under a peace officer emergency detention is treated in the same way as a person under an emergency detention order.

Instructions for Family and Friends of a Person with a Psychiatric Problem that Requires Hospitalization against his or her will:

A mental illness commitment is not intended to detain a person for long periods of time, nor can it insure a cure to the illness from which the person suffers. Court action can only briefly intervene in what may be a long-term treatment problem. You should expect someone who has been the subject of mental illness commitment proceedings to shortly return to the community where outpatient follow-up treatment may need to be continued.

The commitment of an individual requires adherence to the temporary commitment procedures codified in the Texas Mental Health Code. Thus, certain paperwork must be on file before the Constitutional County Court can issue and Order of Protective Custody (OPC) to restrain a mentally ill individual who presents a substantial risk of serious harm to his or her person or others.

Before the Court can issue an OPC, all of the following must be on file with the Mental Health Clerk:

     1. A sworn physician’s certificate of mental illness demonstrating that substantial risk of serious harm exists.

     2. An Application for Court Ordered Mental Health Services and an Information Sheet.

     3. A Motion for Protective Custody filed by the Hood County Attorney based on the physician’s certificate.

If the person is willing to be examined, an Emergency Detention Order is not needed. If the person refuses to be examined, and the danger to self or others is imminent, call the police or sheriff’s department.

Any application for emergency detention on a proposed patient MUST be accompanied by a Certificate of Medical Examination from a medical doctor, or a professional at MHMR. This means that the person must be willing to be examined prior to the application to the County Attorney’s office.

Assuming all the required paperwork has been filed, the mental health clerk will present all the paperwork to the Judge. The Judge decides whether to issue the OPC, and – if the OPC is issued – an attorney will be appointed or the patient may retain his or her own attorney to represent the proposed patient and hearing dates will be set.

It is important to understand the Judge and his 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.

This Order allows the law enforcement officers to pick up the person and transport him/her to a doctor or emergency room to be examined.

Only a medical doctor can determine whether or not commitment is necessary.

The basic orders and proceedings are listed below:

Mental Health Warrant (Emergency Detention)

This is a warrant issued by a judge or magistrate ordering the pick-up and delivery of a possibly mentally ill person to a mental health facility for evaluation. The order allows the mental health facility to hold the person for up to 48 hours for evaluation. After that time, the person must be released, checked in to the facility voluntarily, or held under further court orders and proceedings. A mental health warrant is issued based on the application of any person, signed under oath, stating the reasons for which mental health evaluation is required.

Order of Protective Custody (“OPC”)

An order of protective custody may be issued by a judge upon the request of a county or district attorney in order to continue to hold a patient in a mental health facility pending hearing on an application for court-ordered temporary mental health services.

After an OPC is signed, the court appoints an attorney ad litem for the patient or the patient may retain their own attorney. That attorney will interview the patient and represent his or her best interests in court.

The court must hold a hearing within 72 hours of signing the OPC to determine if probable cause exists to continue the OPC in effect. Within 14 days of application for the OPC, the court must hold a hearing on the application for temporary mental health services.

Temporary Mental Health Services

In rare cases, the court may order that a patient be confined in a mental health facility for up to 180 days. Such an order requires a higher burden of proof. An order for long term mental health services is rarely sought.

Please Note:

Once the case has been filed by the County Attorney's Office, the case will not be dismissed except on the medical advice of the doctors who evaluate the patient.

Long Term Mental Health Services

In rare cases, the court may order that a patient be confined in a mental health facility for up to 180 days. Such an order requires a higher burden of proof. An order for long term mental health services is rarely sought.

Please Note:

Once the case has been filed by the County Attorney's Office, the case will not be dismissed except on the medical advice of the doctors who evaluate the patient.

Helpful Information

Health and Safety Code Title 7. Mental Health and Intellectual Disability

Subtitle C. Texas Mental Health CodeChapter 573. Emergency Detention

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.573.htm

Pecan Valley Centers Granbury Clinic (MHMR)

104 Pirate Dr, Granbury, TX 76048

(817) 573-2662

Granbury Police Department

116 W Bridge St # B, Granbury, TX 76048

(817) 573-2648

Hood County Sheriff Office

400 Deputy Larry Miller Dr, Granbury, TX 76048

817-579-3316