Sec. 574.036. ORDER OF CARE OR COMMITMENT. (a) The judge shall dismiss the jury, if any, after a hearing in which a person is found to be a person with mental illness and to meet the criteria for court-ordered temporary or extended mental health services.
(b) The judge may hear additional evidence relating to alternative settings for care before entering an order relating to the setting for the care the person will receive.
(c) The judge shall consider in determining the setting for care the recommendation for the most appropriate treatment alternative filed under Section 574.012.
(d) The judge shall order the mental health services provided in the least restrictive appropriate setting available.
(e) The judge may enter an order:
(1) committing the person to a mental health facility for inpatient care if the trier of fact finds that the person meets the commitment criteria prescribed by Section 574.034(a) or 574.035(a); or
(2) committing the person to outpatient mental health services if the trier of fact finds that the person meets the commitment criteria prescribed by Section 574.0345(a) or 574.0355(a).
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1997, 75th Leg., ch. 744, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1381, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 16, eff. September 1, 2019.
Structure Texas Statutes
Title 7 - Mental Health and Intellectual Disability
Subtitle C - Texas Mental Health Code
Chapter 574 - Court-Ordered Mental Health Services
Subchapter C. Proceedings for Court-Ordered Mental Health Services
Section 574.031. General Provisions Relating to Hearing
Section 574.032. Right to Jury
Section 574.033. Release After Hearing
Section 574.034. Order for Temporary Inpatient Mental Health Services
Section 574.0345. Order for Temporary Outpatient Mental Health Services
Section 574.035. Order for Extended Inpatient Mental Health Services
Section 574.0355. Order for Extended Outpatient Mental Health Services