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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 26688
Experience:  Began practicing Family Law in 1992
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How to commit a family member with mental problems

Resolved Question:

How to commit a family member with mental problems?
Submitted: 5 years ago.
Category: Family Law
Expert:  JD 1992 replied 5 years ago.
In Texas you have to file though a court of competent jurisdiction which could be either a county court or county court at law, whichever one has jurisdiction over probate matters in your county.

I am going to attach the appropriate statutes at the end of this, but they are long.

You can try to have her committed by hiring a lawyer yourselves, or you can try to have the DA or County Attorney handle it. Typically, they are reluctant to get involved unless a crime has been committed. You may also want to contact Adult Protective Services and see if they can be of assistance.

Most families find it is easier and faster to just hire an attorney and do it themselves.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR TEXAS ATTY” in the subject line and I will pick up the next time I am online.





§ 574.001. APPLICATION FOR COURT-ORDERED MENTAL HEALTH
SERVICES. (a) A county or district attorney or other adult may
file a sworn written application for court-ordered mental health
services. Only the district or county attorney may file an
application that is not accompanied by a certificate of medical
examination.
(b) Except as provided by Subsection (f), 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 mental health services by court order
or under Subchapter A, Chapter 573.
(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) An application may be transferred to the county in which
the person is being detained under Subchapter B if the county to
which the application is to be transferred approves such transfer.
A transfer under this subsection does not preclude the proposed
patient from filing a motion to transfer under Subsection (c).
(e) An order transferring a criminal defendant against whom
all charges have been dismissed to the appropriate court for a
hearing on court-ordered mental health services in accordance with
Subchapter F, Chapter 46B, Code of Criminal Procedure, serves as an
application under this section. The order must state that all
charges have been dismissed.
(f) An application in which the proposed patient is a child
in the custody of the Texas Youth Commission may be filed in the
county in which the child's commitment to the commission was
ordered.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 770, § 4, eff. June 16,
1995; Acts 1997, 75th Leg., ch. 1086, § 38, eff. June 19, 1997;
Acts 2003, 78th Leg., ch. 35, § 10, eff. Jan. 1, 2004.


§ 574.002. FORM OF APPLICATION. (a) An application for
court-ordered mental health services must be styled using the
proposed patient's initials and not the proposed patient's full
name.
(b) The application must state whether the application is
for temporary or extended mental health services. An application
for extended mental health services must state that the person has
received court-ordered inpatient mental health services under this
subtitle or under Subchapter D or E, Chapter 46B, Code of Criminal
Procedure, for at least 60 consecutive days during the preceding 12
months.
(c) Any application must contain the following information
according to the applicant's information and belief:
(1) the proposed patient's name and address;
(2) the proposed patient's county of residence in this
state;
(3) a statement that the proposed patient is mentally
ill and meets the criteria in Section 574.034 or 574.035 for
court-ordered mental health services; and
(4) whether the proposed patient is charged with a
criminal offense.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.
Amended by Acts 2003, 78th Leg., ch. 35, § 11, eff. Jan. 1, 2004.


§ 574.003. APPOINTMENT OF ATTORNEY. (a) The judge
shall appoint an attorney to represent a proposed patient within 24
hours after the time an application for court-ordered mental health
services is filed if the proposed patient does not have an attorney.
At that time, the judge shall also appoint a language or sign
interpreter if necessary to ensure effective communication with the
attorney in the proposed patient's primary language.
(b) The court shall inform the attorney in writing of the
attorney's duties under Section 574.004.
(c) The proposed patient's attorney shall be furnished with
all records and papers in the case and is entitled to have access to
all hospital and physicians' records.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.


§ 574.004. DUTIES OF ATTORNEY. (a) An attorney
representing a proposed patient shall interview the proposed
patient within a reasonable time before the date of the hearing on
the application.
(b) The attorney shall thoroughly discuss with the proposed
patient the law and facts of the case, the proposed patient's
options, and the grounds on which the court-ordered mental health
services are being sought. A court-appointed attorney shall also
inform the proposed patient that the proposed patient may obtain
personal legal counsel at the proposed patient's expense instead of
accepting the court-appointed counsel.
(c) The attorney may advise the proposed patient of the
wisdom of agreeing to or resisting efforts to provide mental health
services, but the proposed patient shall make the decision to agree
to or resist the efforts. Regardless of an attorney's personal
opinion, the attorney shall use all reasonable efforts within the
bounds of law to advocate the proposed patient's right to avoid
court-ordered mental health services if the proposed patient
expresses a desire to avoid the services. If the proposed patient
desires, the attorney shall advocate for the least restrictive
treatment alternatives to court-ordered inpatient mental health
services.
(d) Before a hearing, the attorney shall:
(1) review the application, the certificates of
medical examination for mental illness, and the proposed patient's
relevant medical records;
(2) interview supporting witnesses and other
witnesses who will testify at the hearing; and
(3) explore the least restrictive treatment
alternatives to court-ordered inpatient mental health services.
(e) The attorney shall advise the proposed patient of the
proposed patient's right to attend a hearing or to waive the right
to attend a hearing and shall inform the court why a proposed
patient is absent from a hearing.
(f) The attorney shall discuss with the proposed patient:
(1) the procedures for appeal, release, and discharge
if the court orders participation in mental health services; and
(2) other rights the proposed patient may have during
the period of the court's order.
(g) To withdraw from a case after interviewing a proposed
patient, an attorney must file a motion to withdraw with the court.
The court shall act on the motion as soon as possible. An attorney
may not withdraw from a case unless the withdrawal is authorized by
court order.
(h) The attorney is responsible for a person's legal
representation until:
(1) the application is dismissed;
(2) an appeal from an order directing treatment is
taken;
(3) the time for giving notice of appeal expires by
operation of law; or
(4) another attorney assumes responsibility for the
case.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.


§ 574.005. SETTING ON APPLICATION. (a) The judge or a
magistrate designated under Section 574.021(e) shall set a date for
a hearing to be held within 14 days after the date on which the
application is filed.
(b) 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.
(c) The court may grant one or more continuances of the
hearing on the 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. If extremely hazardous weather conditions
exist or a disaster occurs that threatens the safety of the proposed
patient or other essential parties to the hearing, the judge or
magistrate may, by written order made each day, postpone the
hearing for 24 hours. The written order must declare that an
emergency exists because of the weather or the occurrence of a
disaster.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.


§ 574.006. NOTICE. (a) The proposed patient and his
attorney are entitled to receive a copy of the application and
written notice of the time and place of the hearing immediately
after the date for the hearing is set.
(b) A copy of the application and the written notice shall
be delivered in person or sent by certified mail to the proposed
patient's:
(1) parent, if the proposed patient is a minor;
(2) appointed guardian, if the proposed patient is the
subject of a guardianship; or
(3) each managing and possessory conservator that has
been appointed for the proposed patient.
(c) Notice may be given to the proposed patient's next of
kin if the relative is the applicant and the parent cannot be
located and a guardian or conservator has not been appointed.
(d) Notice of the time and place of any hearing and of the
name, telephone number, and address of any attorneys known or
believed to represent the state or the proposed patient shall be
furnished to any person stating that that person has evidence to
present upon any material issue, without regard to whether such
evidence is on behalf of the state or of the proposed patient. The
notice shall not include the application, medical records, names or
addresses of other potential witnesses, or any other information
whatsoever. Any clerk, judge, magistrate, court coordinator, or
other officer of the court shall provide such information and shall
be entitled to judicial immunity in any civil suit seeking damages
as a result of providing such notice. Should such evidence be
offered at trial and the adverse party claim surprise, the hearing
may be continued under the provisions of Section 574.005, and the
person producing such evidence shall be entitled to timely notice
of the date and time of such continuance.
Any officer, employee, or agent of the department shall refer
any inquiring person to the court authorized to provide the notice
if such information is in the possession of the department. The
notice shall be provided in the form that is most understandable to
the person making such inquiry.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 623, § 1, eff. Aug. 28,
1995.


§ 574.007. DISCLOSURE OF INFORMATION. (a) The
proposed patient's attorney may request information from the county
or district attorney in accordance with this section if the
attorney cannot otherwise obtain the information.
(b) If the proposed patient's attorney requests the
information at least 48 hours before the time set for the hearing,
the county or district attorney shall, within a reasonable time
before the hearing, provide the attorney with a statement that
includes:
(1) the provisions of this subtitle that will be
relied on at the hearing to establish that the proposed patient
requires court-ordered temporary or extended inpatient mental
health services;
(2) the reasons voluntary outpatient services are not
considered appropriate for the proposed patient;
(3) the name, address, and telephone number of each
witness who may testify at the hearing;
(4) a brief description of the reasons court-ordered
temporary or extended inpatient or outpatient, as appropriate,
mental health services are required; and
(5) a list of any acts committed by the proposed
patient that the applicant will attempt to prove at the hearing.
(c) At the hearing, the judge may admit evidence or
testimony that relates to matters not disclosed under Subsection
(b) if the admission would not deprive the proposed patient of a
fair opportunity to contest the evidence or testimony.
(d) Except as provided by this subsection, not later than 48
hours before the time set for the hearing on the petition for
commitment, the county or district attorney shall inform the
proposed patient through the proposed patient's attorney whether
the county or district attorney will request that the proposed
patient be committed to inpatient services or outpatient services.
The proposed patient, the proposed patient's attorney, and the
county or district attorney may agree to waive the requirement of
this subsection. The waiver must be made by the proposed patient:
(1) orally and in the presence of the court; or
(2) in writing and signed and sworn to under oath by
the proposed patient and the proposed patient's attorney.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.
Amended by Acts 1997, 75th Leg., ch. 744, § 1, eff. Sept. 1,
1997.


§ 574.008. COURT JURISDICTION AND TRANSFER. (a) A
proceeding under Subchapter C or E must be held in the statutory or
constitutional county court that has the jurisdiction of a probate
court in mental illness matters.
(b) If the hearing is to be held in a county court in which
the judge is not a licensed attorney, the proposed patient or the
proposed patient's attorney may request that the proceeding be
transferred to a court with a judge who is licensed to practice law
in this state. The county judge shall transfer the case after
receiving the request and the receiving court shall hear the case as
if it had been originally filed in that court.
(c) If a patient is receiving temporary inpatient mental
health services in a county other than the county that initiated the
court-ordered inpatient mental health services and the patient
requires extended inpatient mental health services, the county in
which the proceedings originated shall pay the expenses of
transporting the patient back to the county for the hearing unless
the court that entered the temporary order arranges with the
appropriate court in the county in which the patient is receiving
services to hold the hearing on court-ordered extended inpatient
mental health services before the original order expires.
(d) If an order for outpatient services designates that such
services be provided in a county other than the county in which the
order was initiated, the court shall transfer the case to the
appropriate court in the county in which the services are being
provided. That court shall thereafter have exclusive, continuing
jurisdiction of the case, including the receipt of the general
treatment program required by Section 574.037(b).

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 770, § 5, eff. June 16,
1995.


JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 26688
Experience: Began practicing Family Law in 1992
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