Tex.
Health & Safety Code Section 462.023
Discharge or Release
(a)
Except as provided by Subsection (b), a facility shall release a voluntary patient within a reasonable time, not to exceed 96 hours, after the patient requests in writing to be released.(b)
A facility is not required to release the patient if before the end of the 96-hour period:(1)
the patient files a written withdrawal of the request;(2)
an application for court-ordered treatment or emergency detention is filed and the patient is detained in accordance with this chapter; or(3)
the patient is a minor under the age of 16 admitted with the consent of a parent, guardian, or conservator and that person, after consulting with facility personnel, objects in writing to the release of the patient.(c)
Subsection (a) applies to a minor admitted under Section 462.022 (Voluntary Admission of Minor) if the request for release is made in writing to the facility by the person who requested the initial admission.(d)
If extremely hazardous weather conditions exist or a disaster occurs, the facility administrator may request the judge of a court that has jurisdiction over proceedings brought under Subchapter D to extend the period during which the person may be detained. The judge or a magistrate appointed by the judge may by written order made each day extend the period during which the person may be detained until 4 p.m. on the first succeeding business day. The written order must declare that an emergency exists because of the weather or the occurrence of a disaster.(1)
the minor requests in writing to be released; or(2)
for a minor admitted under Section 462.022 (Voluntary Admission of Minor)(a)(3)(A), the minor’s parent, managing conservator, or guardian requests the release in writing.(b)
A facility is not required to release a minor who is 16 or 17 years of age within the period described by Subsection (a) if:(1)
the request is filed with the facility by the minor before the 15th day after the date of the minor’s admission to the facility; or(2)
the request is filed with the facility by the minor on or after the 15th day after the minor’s date of admission to the facility and, not later than 96 hours after the request is filed:(A)
the minor files with the facility a written withdrawal of the minor’s request; or(B)
an examining physician places in the minor’s medical record a certificate of medical examination described by Subsection (c).(c)
The certificate of medical examination placed in a minor’s medical record under Subsection (b)(2)(B) must include:(1)
the name and address of the examining physician;(2)
the name and address of the examined minor;(3)
the date and place of the examination;(4)
a brief diagnosis of the examined minor’s physical and mental condition;(5)
the period, if any, during which the examined minor has been under the care of the examining physician;(6)
an accurate description of the chemical dependency treatment, if any, administered to the examined minor by or under the direction of the examining physician; and(7)
the examining physician’s opinion that:(A)
the examined minor is a person with a chemical dependency;(B)
there is no reasonable alternative to the treatment the physician recommends for the examined minor; and(C)
as a result of the examined minor’s chemical dependency, the minor, if released, is likely to cause serious harm to the minor or others or:(i)
would suffer severe and abnormal mental, emotional, or physical distress;(ii)
would experience a substantial mental or physical deterioration of the minor’s ability to function independently that would be manifested by the minor’s inability, for reasons other than indigence, to provide for the minor’s basic needs, including food, clothing, health, and safety; and(iii)
would not be able to make a rational and informed decision as to whether to submit to treatment.(d)
A facility shall release a minor whose release was postponed under Subsection (b)(2)(B) on the 15th day after the date of the most recent examination for which a certificate described by Subsection (c) is performed unless the physician conducts an additional examination of the minor and places another certificate of examination described by Subsection (c) in the minor’s medical record.(e)
If a minor who is 16 or 17 years of age requests to be released from a facility on or after the 60th day after the date of the minor’s admission to the facility, the facility shall release the minor within a reasonable time, not to exceed 96 hours, unless:(1)
an application for court-ordered treatment of the minor or for emergency detention of the minor is filed; and(2)
the minor is detained in accordance with this chapter.(f)
If extremely hazardous weather conditions exist or a disaster occurs, the facility administrator may request the judge of a court that has jurisdiction over proceedings brought under Subchapter D to extend the period during which a minor may be detained under this section. The judge or a magistrate appointed by the judge may, by written order made each day, extend the period during which the minor may be detained until 4 p.m. on the first succeeding business day. The written order must declare that an emergency exists because of the weather or the occurrence of a disaster.
Source:
Section 462.023 — Discharge or Release, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.462.htm#462.023 (accessed Apr. 20, 2024).
