 |
Texas Statutes (Last Updated: January 4, 2014) |
 |
HEALTH AND SAFETY CODE |
|
Title 7. MENTAL HEALTH AND MENTAL RETARDATION |
|
Subtitle C. TEXAS MENTAL HEALTH CODE |
|
Chapter 574. COURT-ORDERED MENTAL HEALTH SERVICES |
|
Subchapter B. PROTECTIVE CUSTODY |
Sec. 574.028. RELEASE FROM DETENTION
-
(a) The magistrate or associate judge shall order the release of a person under a protective custody order if the magistrate or associate judge determines after the hearing under Section 574.025 that no probable cause exists to believe that the proposed patient presents a substantial risk of serious harm to himself or others.
(b) Arrangements shall be made to return a person released under Subsection (a) to:
(1) the location of the person's apprehension;
(2) the person's residence in this state; or
(3) another suitable location.
(c) A facility administrator shall discharge a person held under a protective custody order if:
(1) the facility administrator does not receive notice that the person's continued detention is authorized after a probable cause hearing held within 72 hours after the detention began, excluding Saturdays, Sundays, legal holidays, and the period prescribed by Section 574.025(b) for extreme emergencies;
(2) a final order for court-ordered mental health services has not been entered within the time prescribed by Section 574.005; or
(3) the facility administrator or the administrator's designee determines that the person no longer meets the criteria for protective custody prescribed by Section 574.022.