Sec. 593.044. ORDER FOR PROTECTIVE CUSTODY. (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 an intellectual disability; and
(2) likely to cause injury to the proposed resident 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).
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1445, eff. April 2, 2015.
Structure Texas Statutes
Title 7 - Mental Health and Intellectual Disability
Subtitle D - Persons With an Intellectual Disability Act
Chapter 593 - Admission and Commitment to Intellectual Disability Services
Subchapter C. Commitment to Residential Care Facility
Section 593.041. Application for Placement; Jurisdiction
Section 593.042. Form of Application
Section 593.043. Representation by Counsel; Appointment of Attorney
Section 593.044. Order for Protective Custody
Section 593.045. Detention in Protective Custody
Section 593.046. Release From Protective Custody
Section 593.047. Setting on Application
Section 593.048. Hearing Notice
Section 593.049. Hearing Before Jury; Procedure
Section 593.050. Conduct of Hearing
Section 593.051. Dismissal After Hearing
Section 593.052. Order for Commitment
Section 593.054. Not a Judgment of Incompetence