Tex.
Health & Safety Code Section 574.036
Order of Care or Commitment
(a)
The judge shall dismiss the jury, if any, after a hearing in which a person is found to be a person with mental illness and to meet the criteria for court-ordered temporary or extended mental health services.(b)
The judge may hear additional evidence relating to alternative settings for care before entering an order relating to the setting for the care the person will receive.(c)
The judge shall consider in determining the setting for care the recommendation for the most appropriate treatment alternative filed under Section 574.012 (Recommendation for Treatment).(d)
The judge shall order the mental health services provided in the least restrictive appropriate setting available.(e)
The judge may enter an order:(1)
committing the person to a mental health facility for inpatient care if the trier of fact finds that the person meets the commitment criteria prescribed by Section 574.034 (Order for Temporary Inpatient Mental Health Services)(a) or 574.035 (Order for Extended Inpatient Mental Health Services)(a); or(2)
committing the person to outpatient mental health services if the trier of fact finds that the person meets the commitment criteria prescribed by Section 574.0345 (Order for Temporary Outpatient Mental Health Services)(a) or 574.0355 (Order for Extended Outpatient Mental Health Services)(a).
Source:
Section 574.036 — Order of Care or Commitment, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.574.htm#574.036 (accessed Jun. 5, 2024).
