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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 7. MENTAL HEALTH AND MENTAL RETARDATION |
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Subtitle D. PERSONS WITH MENTAL RETARDATION ACT |
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Chapter 593. ADMISSION AND COMMITMENT TO MENTAL RETARDATION SERVICES |
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Subchapter C. COMMITMENT TO RESIDENTIAL CARE FACILITY |
Sec. 593.044. ORDER FOR PROTECTIVE CUSTODY
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(a) The court in which an application for a hearing is filed may order the proposed resident taken into protective custody if the court determines from certificates filed with the court that the proposed resident is:
(1) believed to be a person with mental retardation; and
(2) likely to cause injury to himself or others if not immediately restrained.
(b) The judge of the court may order a health or peace officer to take the proposed resident into custody and transport the person to:
(1) a designated residential care facility in which space is available; or
(2) a place deemed suitable by the county health authority.
(c) If the proposed resident is a voluntary resident, the court for good cause may order the resident's detention in:
(1) the facility to which the resident was voluntarily admitted; or
(2) another suitable location to which the resident may be transported under Subsection (b).