Tex.
Health & Safety Code Section 574.061
Modification of Order for Inpatient Treatment
(a)
The facility administrator of a facility to which a patient is committed for inpatient mental health services, not later than the 30th day after the date the patient is committed to the facility, shall assess the appropriateness of transferring the patient to outpatient mental health services. The facility administrator may recommend that the court that entered the commitment order modify the order to require the patient to participate in outpatient mental health services.(b)
A facility administrator’s recommendation under Subsection (a) must explain in detail the reason for the recommendation. The recommendation must be accompanied by a supporting certificate of medical examination for mental illness signed by a physician who examined the patient during the seven days preceding the recommendation.(c)
The patient shall be given notice of a facility administrator’s recommendation under Subsection (a).(d)
On request of the patient or any other interested person, the court shall hold a hearing on a facility administrator’s recommendation that the court modify the commitment order. The court shall appoint an attorney to represent the patient at the hearing and shall consult with the local mental health authority before issuing a decision. The hearing shall be held before the court without a jury and as prescribed by Section 574.031 (General Provisions Relating to Hearing). The patient shall be represented by an attorney and receive proper notice.(e)
If a hearing is not requested, the court may make a decision regarding a facility administrator’s recommendation based on:(1)
the recommendation;(2)
the supporting certificate; and(3)
consultation with the local mental health authority concerning available resources to treat the patient.(f)
If the court modifies the order, the court shall designate a person to be responsible for the outpatient services as prescribed by Section 574.037 (Court-ordered Outpatient Services).(g)
The person responsible for the services must comply with Section 574.037 (Court-ordered Outpatient Services)(b).(h)
A modified order may extend beyond the term of the original order, but may not exceed the term of the original order by more than 60 days.
Source:
Section 574.061 — Modification of Order for Inpatient Treatment, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.574.htm#574.061 (accessed Jun. 5, 2024).
