San Antonio Texas Motion for Mental Examination

State:
Texas
City:
San Antonio
Control #:
TX-C273
Format:
PDF
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A03 Motion for Mental Examination
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FAQ

You may not be detained for more than 48 hours after you arrive at the facility unless a judge signs an order of protective custody. If the 48-hour period ends on a weekend or holiday, you may be detained until 4 p.m. on the next business day.

Mandatory Treatment Laws in Texas Like every state, Texas has civil commitment laws that establish criteria for determining when involuntary treatment is appropriate for individuals with severe mental illness who cannot seek care voluntarily.

In order to begin the Involuntary Commitment process, a Mental Health Warrant must be issued. This warrant serves as a Magistrate's Order for Emergency Apprehension and Detention. The ?Magistrate? is the Judge who will issue the warrant.

State attorneys may ask a court to issue an order for extended mental health services. Unlike orders for temporary mental health services, these orders expire after one year. The hearing must include live testimony, unlike temporary commitments, which can be ordered solely based on the medical certificates.

A 5250 is a 14-day long involuntary treatment hold in a hospital or mental health facility and an extension of a 5150. If the treating facility wants to extend a 5150 to a 5250, the peer has the right to a Certification Review Hearing. At this time, the peer is entitled to a written notice that they are being held.

File a request: A request for discharge must be in writing and filed with the facility administrator or someone they designate to handle these requests. If you make a verbal request to leave, a staff member must help you prepare a written request to sign as soon as possible.

5150 is the number of the section of the Welfare and Institutions Code, which allows a person with a mental illness to be involuntarily detained for a 72-hour psychiatric hospitalization.

File a Complaint (800) 514-0301 (voice) (800) 514-0383 (TTY)

A person can enter the Mental Health Court process in one of two ways: a referral through an Application for Emergency Apprehension and Detention, or an emergency apprehension by a peace officer.

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San Antonio Texas Motion for Mental Examination