Sec. 462.042. JUDGE'S OR MAGISTRATE'S ORDER FOR EMERGENCY DETENTION. (a) An adult may file a written application for emergency detention of a minor or another adult.
(b) The application must state:
(1) that the applicant has reason to believe and does believe that the person who is the subject of the application is a person with a chemical dependency;
(2) that the applicant has reason to believe and does believe that the person evidences a substantial risk of serious harm to the person or others;
(3) a specific description of the risk of harm;
(4) that the applicant has reason to believe and does believe that the risk of harm is imminent unless the person is immediately restrained;
(5) that the applicant's beliefs are derived from specific recent behavior, overt acts, attempts, or threats;
(6) a detailed description of the specific behavior, acts, attempts, or threats; and
(7) the relationship, if any, of the applicant to the person.
(c) The application may be accompanied by any relevant information.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1167, eff. April 2, 2015.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle B - Alcohol and Substance Abuse Programs
Chapter 462 - Treatment of Persons With Chemical Dependencies
Subchapter C. Emergency Detention
Section 462.041. Apprehension by Peace Officer Without Warrant
Section 462.042. Judge's or Magistrate's Order for Emergency Detention
Section 462.043. Issuance of Warrant
Section 462.044. Preliminary Examination
Section 462.045. Detention Period
Section 462.046. Information to Be Provided on Admission