Sec. 573.004. GUARDIAN'S APPLICATION FOR EMERGENCY DETENTION. (a) After transporting a ward to a facility under Section 573.003, a guardian shall immediately file an application for detention with the facility.
(b) The application for detention must contain:
(1) a statement that the guardian has reason to believe and does believe that the ward evidences mental illness;
(2) a statement that the guardian has reason to believe and does believe that the ward evidences a substantial risk of serious harm to the ward or others;
(3) a specific description of the risk of harm;
(4) a statement that the guardian has reason to believe and does believe that the risk of harm is imminent unless the ward is immediately restrained;
(5) a statement that the guardian's beliefs are derived from specific recent behavior, overt acts, attempts, or threats that were observed by the guardian; and
(6) a detailed description of the specific behavior, acts, attempts, or threats.
(c) The guardian shall immediately provide written notice of the filing of an application under this section to the court that granted the guardianship.
Added by Acts 2003, 78th Leg., ch. 692, Sec. 6, eff. Sept. 1, 2003.
Structure Texas Statutes
Title 7 - Mental Health and Intellectual Disability
Subtitle C - Texas Mental Health Code
Chapter 573 - Emergency Detention
Subchapter A. Apprehension by Peace Officer or Transportation for Emergency Detention by Guardian
Section 573.001. Apprehension by Peace Officer Without Warrant
Section 573.002. Peace Officer's Notification of Detention
Section 573.0021. Duty of Peace Officer to Notify Probate Courts
Section 573.003. Transportation for Emergency Detention by Guardian
Section 573.004. Guardian's Application for Emergency Detention