To apply for a mental health court, talk to your lawyer if you have one. If you can`t afford a lawyer, the judge will order that a lawyer be appointed when you first appear in court. You can also tell the judge that you want your case reviewed by a mental health court. However, your lawyer is the one who will let you sign the appropriate forms and manage the documents. Help for your loved one in Texas: The more you know about your state`s laws and treatment options in the event of a psychiatric emergency, the better prepared you`ll be to respond as effectively as possible. These resources will help you: Anyone over the age of 18 who has personal knowledge of a person who they believe poses a danger to themselves or others can request a psychiatric examination. In only 72 hours after detention, a patient is entitled to a probable cause hearing, which is regulated by § 574.025 of the Health and Safety Code. State evidence at this stage will be a medical examination certificate, as well as an affidavit issued by the affiliate who took the oath in the application for detention (the CIRT officer in the above situation).1 The affidavit does not need to be a peace officer; Any adult can apply for emergency detention.2 A medical certificate is an affidavit from a physician. Medical certificates are of crucial importance to the state at any duty hearing. At the probable cause hearing, the State may prove its case only on the basis of the medical certificate, if there are no objections.3 The criteria for medical certificates are set out in §§ 574.009 and 574.011. A medical certificate is issued by a doctor (not a psychologist) who has examined the patient in the last 30 days.
Fortunately, most hospital psychiatric institutions are familiar with the form and function of medical certificates. Basically, the doctor will swear if the patient is likely to cause serious harm as a result of mental illness; is likely to cause serious harm to others; or suffers from severe distress, suffers significant deterioration, and is unable to make a rational and informed decision as to whether to undergo treatment.4 At the probable cause hearing, only the first two criteria (harm to himself or others) are relevant.5 The court must appoint an ad litem lawyer to represent the patient.6 A magistrate or justice of the peace usually presides over the hearing, that is not on file. Often, the patient will testify on his or her own behalf; Friends or family members may also testify. At the hearing, the magistrate may sign a detention order if he or she determines that the patient poses a significant risk of injury to himself or herself or others to the extent that he or she cannot remain free. Otherwise, if the judge does not make these findings, the patient will be released until the final hearing. The text of the court order is set out word for word in § 574.026. The mental health hearing must take place within two weeks of detention. In Harris County, this final hearing usually takes place within eight days.
During the mental health hearing, the court determines the appropriate treatment based on the statements of the applicant (usually a family member or friend), medical experts and the patient. The outcome of the hearing may be: Forced drug hearingsAnother type of hearing a prosecutor may encounter is a psychoactive drug approval order. These are governed by subchapter G of the Mental Health Code, in particular article 574.106, and possibly chapter 46B of the Code of Criminal Procedure. These hearings are triggered when a physician asks an estate court for permission to administer psychoactive medications. Pursuant to section 574.104, an attending physician may file an application on behalf of the Crown if the attending physician is of the opinion that the patient is unable to make a decision regarding the medications that are the proper course of treatment while the patient is the subject of a psychiatric services order. A physician may also make a request if the patient refuses to take the medication voluntarily, “verbally or by any other indication.” The law further stipulates that the doctor must indicate which drugs he wants to force, as well as the patient`s diagnosis. He must then propose a method of administering the drugs and, “if the method is not common, an explanation justifying the deviation from the usual methods”. Finally, the law provides that the request for mandatory drugs is separate from the request for court-ordered services, but that both hearings may take place at the same time. If this is not the case, the hearing must take place within 30 days of the filing of the application.
Continuance may be granted at the request of either party, but any subsequent continuance may be granted only with the consent of the parties. To be heard, the patient must be the subject of an order for recourse to hospital psychiatric services or be detained to wait in criminal proceedings after being sentenced to hospital psychiatric services in the last six months.8 This would apply, for example, to a defendant who has been obliged to restore his jurisdiction under article 46B.073 of the Code of Criminal Procedure. The physician must always testify at the forced medication hearing. In practice, these hearings should be very short, the lawyer satisfying only the elements. In addition to the normal battery of questions, a recent case added the need for an additional question. State for the Best Interest of KM requires the state attorney to ask, “Why do you think the patient was unable to make a rational decision about administering psychoactive medications?” 9 After the hearing, the court may order the prescription of mandatory drugs if the state demonstrates, by means of clear and convincing evidence, that the patient is not in a position to make a decision and that this is in the best interests of the patient.10 The issue of mandatory medication may also arise for prosecutors. Article 46B.086 of the Code of Criminal Procedure applies to accused persons who have been required to restore their jurisdiction (persons who have been deemed incompetent, who are in a penitentiary institution and who are awaiting transfer to a hospital, or who are again in detention after treatment to restore jurisdiction). The criminal court will only be involved in coercive drugs if the institution has attempted to obtain an order under the Health and Safety Act § 574.106, but the application has been rejected by an probate court, usually because more than six months have elapsed since the last undertaking order was signed. .