Tex. Health & Safety Code Section 462.078
Return to Facility Under Facility Administrator’s Certificate or Court Order

(a)

The administrator of a facility to which a patient was admitted for court-ordered inpatient services may have an absent patient taken into custody, detained, and returned to the facility by:

(1)

signing a certificate authorizing the patient’s return; or

(2)

filing the certificate with a magistrate and requesting the magistrate to order the patient’s return.

(b)

A magistrate may issue an order directing a peace or health officer to take a patient into custody and return the patient to the facility if the facility administrator files the certificate as prescribed by this section. The facility head may sign or file the certificate if the facility head reasonably believes that:

(1)

the patient is absent without authority from the facility;

(2)

the patient has violated the conditions of a pass or furlough; or

(3)

the patient’s condition has deteriorated to the extent that the patient’s continued absence from the facility under a pass or furlough is inappropriate.

(c)

A peace or health officer shall take the patient into custody and return the patient to the facility as soon as possible if the patient’s return is authorized by the facility administrator’s certificate or the court order. The peace or health officer may take the patient into custody without having the certificate or court order in the officer’s possession.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.

Source: Section 462.078 — Return to Facility Under Facility Administrator's Certificate or Court Order, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­462.­htm#462.­078 (accessed Jun. 5, 2024).

462.001
Definitions 462.002
Filing Requirements 462.003
Inspection of Court Records 462.004
Representation of State 462.005
Costs 462.006
Writ of Habeas Corpus 462.007
Limitation of Liability 462.008
Criminal Penalty 462.009
Consent to Treatment 462.010
Consent to Treatment at Certain Facilities 462.011
Consent to Medication 462.012
Right to Refuse Medication 462.013
Medication Information 462.014
List of Medications 462.015
Outpatient Treatment Services Provided Using Telecommunications or Information Technology 462.021
Voluntary Admission of Adult 462.022
Voluntary Admission of Minor 462.023
Discharge or Release 462.024
Application for Court-ordered Treatment During Voluntary Inpatient Care 462.0025
Court Hours 462.025
Intake, Screening, Assessment, and Admission 462.041
Apprehension by Peace Officer Without Warrant 462.042
Judge’s or Magistrate’s Order for Emergency Detention 462.043
Issuance of Warrant 462.044
Preliminary Examination 462.045
Detention Period 462.046
Information to Be Provided on Admission 462.047
Release from Emergency Detention 462.048
Rights of Person Apprehended or Detained 462.061
Court-ordered Treatment 462.062
Application for Court-ordered Treatment 462.063
Prehearing Procedure 462.064
Certificate of Medical Examination for Chemical Dependency 462.065
Order of Protective Custody 462.066
Probable Cause Hearing and Detention 462.067
Hearing on Application for Court-ordered Treatment 462.068
Release After Hearing 462.069
Court Order and Place of Treatment 462.070
Motion for Modification of Order for Outpatient Treatment 462.071
Order for Temporary Detention 462.072
Modification of Order for Outpatient Services 462.073
Modification of Order for Inpatient Treatment 462.074
Hospitalization Outside Treatment Facility 462.075
Renewal of Order for Court-ordered Treatment 462.076
Appeal 462.077
Pass or Furlough from Inpatient Care 462.078
Return to Facility Under Facility Administrator’s Certificate or Court Order 462.079
Revocation of Furlough 462.080
Release from Court-ordered Treatment 462.081
Commitment by Courts in Criminal Proceedings 462.0731
Outpatient Care in Certain Counties
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Accessed:
Jun. 5, 2024

§ 462.078’s source at texas​.gov