After seizing a firearm under this subsection, the peace officer shall comply with the requirements of Article 18.191, Code of Criminal Procedure. (a) An adult may file a written application for the emergency detention of another person. 1, eff. Sept. 1, 2003. An individual detained under this chapter may be examined and given emergency treatment necessary to do the following: (1) Preserve the health and safety of the individual. (f) The warrant serves as an application for detention in the facility. 1, eff. court opinions. This order is only available when family violence has been committed by a family member, member of the household, or in some circumstances by a date. He has to wait for a judge to issue an emergency detention order. JUDGE'S OR MAGISTRATE'S ORDER FOR EMERGENCY APPREHENSION AND DETENTION (WARRANT) APPLICATION FOR EMERGENCY DETENTION Sec.573.011. Texas may have more current or accurate information. Sec. If extremely hazardous weather conditions exist or a disaster occurs, the presiding judge or magistrate may, by written order made each day, extend by an additional 24 hours the period during which the person may be detained. Welcome to the official website of Travis County, Texas. 1096), Sec. THE STATE OF TEXAS FOR THE BEST INTEREST AND PROTECTION OF: _____ D.O.B. (b) Subsection (a) does not apply to a person who is arrested or who objects to the transportation. 573.025. Sept. 1, 2001. 1, eff. Instructions for Friends and Family of a Person with an Emergency Psychiatric Problem Requiring Immediate Detention. 2. (b) A substantial risk of serious harm to the ward or others under Subsection (a)(2) may be demonstrated by: (2) evidence of severe emotional distress and deterioration in the ward's mental condition to the extent that the ward cannot remain at liberty. 623, Sec. Amended by Acts 1999, 76th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 219), Sec. (a) Except as provided by Subsection (h), an applicant for emergency detention must present the application personally to a judge or magistrate. Application for Emergency Detention aka Mental Health Warrant • ____________________ DATE:_______________ TIME:_______________. June 19, 2009. SUBCHAPTER B. Texas Statutes. Acts 2015, 84th Leg., R.S., Ch. The names, addresses, and relationship to the above-named person of those persons who reported or observed recent behavior, acts, attempts, statements, or threats of the above-named person are (if applicable): For the above reasons, I present this notification to seek temporary admission to the (name of facility) _________________________ inpatient mental health facility or hospital facility for the detention of (name of person to be detained) __________________________ on an emergency basis. Amended by Acts 2001, 77th Leg., ch. Sec. April 2, 2015. (b) The notification of detention must contain: (1) a statement that the officer has reason to believe and does believe that the person evidences mental illness; (2) a statement that the officer 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) a statement that the officer has reason to believe and does believe that the risk of harm is imminent unless the person is immediately restrained; (5) a statement that the officer's beliefs are derived from specific recent behavior, overt acts, attempts, or threats that were observed by or reliably reported to the officer; (6) a detailed description of the specific behavior, acts, attempts, or threats; and. 573.023. Texas Law. APPLICATION FOR EMERGENCY DETENTION. GA-13 relating to detention in county and municipal jails during the COVID-19 disaster. (a) A peace officer shall immediately file with a facility a notification of detention after transporting a person to that facility in accordance with Section 573.001. GA-13 relating to detention in county and municipal jails during the COVID-19 disaster. Added by Acts 1999, 76th Leg., ch. (3) based on the determination described in paragraph (1) of this subsection, the physician issues an order admitting the prospective patient for emergency detention; and (4) the prospective patient meets the hospital's admission criteria, as required by §411.459 of this title (relating to Admission Criteria). September 1, 2013. A mental health facility or hospital emergency department may not require a peace officer or emergency medical services personnel to execute any form other than this form as a predicate to accepting for temporary admission a person detained by a peace officer under Section 573.001, Health and Safety Code, and transported by the officer under that section or by emergency medical services personnel of an emergency medical services provider at the request of the officer made in accordance with a memorandum of understanding executed under Section 573.005, Health and Safety Code. (d) The county in which the person was apprehended shall pay the costs of transporting the person. 541 (S.B. Added by Acts 1991, 72nd Leg., ch. 573.0001. April 2, 2015. 1145 (S.B. Acts 2015, 84th Leg., R.S., Ch. ). September 1, 2007. ISSUANCE OF WARRANT. JUDGE'S OR MAGISTRATE'S ORDER FOR EMERGENCY APPREHENSION AND DETENTION, Chapter 573. :_____ NOTIFICATION OF EMERGENCY DETENTION Now comes _____, a peace officer with El Paso Police Department, of the State of Texas, and states as follows: 1. 573 ED Order and Warrant. … 3.1370, eff. (h) A peace officer who takes a person into custody under Subsection (a) may immediately seize any firearm found in possession of the person. HEALTH AND SAFETY CODE. (c) The facility where the person is detained shall include in the detained person's clinical file the notification of detention described by this section. 573.024. Funded by a grant from the Texas Court of Criminal Appeals Texas State University 1701 Directors Blvd, Suite 530 Austin, Texas 78744 Tel (512) 347-9927 or (800) 687-8528 Fax (512) 347-9921 www.tjctc.org Presented by: Camille Reasor Staff Attorney Texas Justice Court Training Center FY2019 Webinar Emergency Detention Orders, Transport, and Resources _____________________, Address: _________________________ Zip Code: ____________________, SIGNATURE OF EMERGENCY MEDICAL SERVICES PERSONNEL (if applicable). accomplished without emergency detention. 1, eff. 573.012. RELEASE FROM EMERGENCY DETENTION. Magistrate's order for emergency protection. Sept. 1, 1991. The emergency detention order shall list the individual's name and identifying details, current location, location to which the person shall be transferred and shall be signed by the office's Executive Director or designee. View Other Versions of the Texas Statutes. Sec. Acts 2013, 83rd Leg., R.S., Ch. 2005 texas health & safety code chapter 573. emergency detention health & safety code chapter 573. emergency detention subchapter a. apprehension by peace officer or transportation for emergency detention by guardian § 573.001. apprehension by peace officer without warrant. Sec. In response to COVID-19, the Supreme Court has issued the following Emergency Orders that are still in effect. Added by Acts 1991, 72nd Leg., ch. (a) A peace officer, without a warrant, may take a person into custody, regardless of the age of the person, if the officer: (1) has reason to believe and does believe that: (A) the person is a person with mental illness; and, (B) because of that mental illness there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained; and. A consumer in protective custody as provided by Section 5-207 of this title shall be subject to an initial assessment at the appropriate facility by a licensed mental health professional within twelve (12) hours of being placed in protective custody for the purpose of determining whether emergency detention of the consumer is warranted. Sec. Added by Acts 2017, 85th Leg., R.S., Ch. Application for Order of Emergency Detention 1 CAUSE NO. Emergency medical services personnel of an emergency medical services provider who transport a person to a facility at the request of a peace officer made in accordance with a memorandum of understanding executed under Section 573.005 shall immediately file with the facility the notification of detention completed by the peace officer who made the request. 3, eff. APPREHENSION BY PEACE OFFICER WITHOUT WARRANT. 1 (S.B. June 9, 2017. PRELIMINARY EXAMINATION. (e) A jail or similar detention facility may not be deemed suitable except in an extreme emergency. September 1, 2007. If the 48-hour period ends at a different time, the person may be detained only until 4 p.m. on the day the 48-hour period ends. Sept. 1, 1991. (2) retained by court staff and presented to another judge or magistrate as soon as is practicable if the judge of the court is not available at the time the application is presented. 344), Sec. (c) A physician shall examine the person as soon as possible within 12 hours after the time the person is apprehended by the peace officer or transported for emergency detention by the person's guardian. (b) A person accepted for a preliminary examination may be detained in custody for not longer than 48 hours after the time the person is presented to the facility unless a written order for protective custody is obtained. Added by Acts 2003, 78th Leg., ch. Section 573.012 - Issuance Of Warrant (a) Except as provided by Subsection (h), an applicant for emergency detention must present the application personally to a judge or magistrate. September 1, 2013. (2) the officer determines that transferring the person for transport is safe for both the person and the personnel. 13, eff. EMERGENCY ADMISSION AND DETENTION. (b) The magistrate shall deny the application unless the magistrate finds that there is reasonable cause to believe that: (1) the person evidences mental illness; (2) the person evidences a substantial risk of serious harm to himself or others; (3) the risk of harm is imminent unless the person is immediately restrained; and. 3.1368, eff. APPLICATION FOR EMERGENCY DETENTION § 573.012. Acts 2009, 81st Leg., R.S., Ch. 3, eff. 888), Sec. One who appeals is called the appellant. 3.1366, eff. (f) A person detained in a jail or a nonmedical facility shall be kept separate from any person who is charged with or convicted of a crime. Sept. 1, 2001. In the case of an extreme weather emergency or disaster, a judge may also extend the period of detention by written order for no more than 24 hours at a time. (2) to the personnel a completed notification of detention about the person on the form provided by Section 573.002(d). Provides a legal system for assigning a guardian for people who are incapacitated which can be tailored to provide only the specific assistance needed while preserving rights and independence. Acts 2013, 83rd Leg., R.S., Ch. Aug. 28, 1995; Acts 2001, 77th Leg., ch. 47. Acts 2011, 82nd Leg., R.S., Ch. IT IS THEREFORE ORDERED that an Order for Emergency Protection be issued on behalf of the following person(s): _____ and the above-named Defendant_____ be and is hereby prohibited from: (check all that apply) ( ) Committing an act of family violence as defined by Section 71.004 of the Texas Family Code; (e) A mental health facility or hospital emergency department may not require a peace officer or emergency medical services personnel to execute any form other than the form provided by Subsection (d) as a predicate to accepting for temporary admission a person detained by a peace officer under Section 573.001 and transported by the officer under that section or by emergency medical services personnel of an emergency medical services provider at the request of the officer made in accordance with a memorandum of understanding executed under Section 573.005. 1 (S.B. My beliefs are based upon the following recent behavior, overt acts, attempts, statements, or threats observed by me or reliably reported to me: 5.
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