Tex. Health & Safety Code Section 574.062
Motion for Modification of Order for Outpatient Treatment


(a)

The court that entered an order directing a patient to participate in outpatient mental health services may set a hearing to determine if the order should be modified in a way that is a substantial deviation from the original program of treatment incorporated in the court’s order. The court may set the hearing on its own motion, at the request of the person responsible for the treatment, or at the request of any other interested person.

(b)

The court shall appoint an attorney to represent the patient if a hearing is scheduled. The patient shall be given notice of the matters to be considered at the hearing. The notice must comply with the requirements of Section 574.006 (Notice) for notice before a hearing on court-ordered mental health services.

(c)

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.

(d)

The court shall set a date for a hearing on the motion to be held not later than the seventh day after the date the motion is filed. The court may grant one or more continuances of the hearing on the motion by a party and for good cause shown or on agreement of the parties. Except as provided by Subsection (e), the court shall hold the hearing not later than the 14th day after the date the motion is filed.

(e)

If extremely hazardous weather conditions exist or a disaster occurs that threatens the safety of the proposed patient or other essential parties to the hearing, the court, by written order made each day, may postpone the hearing for not more than 24 hours. The written order must declare that an emergency exists because of the weather or the occurrence of a disaster.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1997, 75th Leg., ch. 191, Sec. 1, eff. Sept. 1, 1997.

Source: Section 574.062 — Motion for Modification of Order for Outpatient Treatment, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­574.­htm#574.­062 (accessed Mar. 23, 2024).

574.001
Application for Court-ordered Mental Health Services
574.002
Form of Application
574.003
Appointment of Attorney
574.004
Duties of Attorney
574.005
Setting on Application
574.006
Notice
574.007
Disclosure of Information
574.008
Court Jurisdiction and Transfer
574.009
Requirement of Medical Examination
574.010
Independent Psychiatric Evaluation and Expert Testimony
574.011
Certificate of Medical Examination for Mental Illness
574.012
Recommendation for Treatment
574.013
Liberty Pending Hearing
574.014
Compilation of Mental Health Commitment Records
574.021
Motion for Order of Protective Custody
574.022
Issuance of Order
574.023
Apprehension Under Order
574.024
Appointment of Attorney
574.025
Probable Cause Hearing
574.026
Order for Continued Detention
574.027
Detention in Protective Custody
574.028
Release from Detention
574.031
General Provisions Relating to Hearing
574.032
Right to Jury
574.033
Release After Hearing
574.034
Order for Temporary Inpatient Mental Health Services
574.035
Order for Extended Inpatient Mental Health Services
574.036
Order of Care or Commitment
574.037
Court-ordered Outpatient Services
574.041
Designation of Facility
574.042
Commitment to Private Facility
574.043
Commitment to Federal Facility
574.044
Commitment to Facility of Texas Department of Criminal Justice
574.045
Transportation of Patient
574.046
Writ of Commitment
574.047
Transcript
574.048
Acknowledgment of Patient Delivery
574.061
Modification of Order for Inpatient Treatment
574.062
Motion for Modification of Order for Outpatient Treatment
574.063
Order for Temporary Detention
574.064
Apprehension and Release Under Temporary Detention Order
574.065
Order of Modification of Order for Outpatient Services
574.066
Renewal of Order for Extended Mental Health Services
574.067
Motion for Rehearing
574.068
Request for Reexamination
574.069
Hearing on Request for Reexamination
574.070
Appeal
574.081
Continuing Care Plan Before Furlough or Discharge
574.082
Pass or Furlough from Inpatient Care
574.083
Return to Facility Under Certificate of Facility Administrator or Court Order
574.084
Revocation of Furlough
574.0085
Associate Judges
574.085
Discharge on Expiration of Court Order
574.086
Discharge Before Expiration of Court Order
574.087
Certificate of Discharge
574.088
Relief from Disabilities in Mental Health Cases
574.089
Transportation Plan for Furlough or Discharge
574.101
Definitions
574.102
Application of Subchapter
574.103
Administration of Medication to Patient Under Court-ordered Mental Health Services
574.104
Physician’s Application for Order to Authorize Psychoactive Medication
574.105
Rights of Patient
574.106
Hearing and Order Authorizing Psychoactive Medication
574.107
Costs
574.108
Appeal
574.109
Effect of Order
574.110
Expiration of Order
574.0125
Identification of Person Responsible for Court-ordered Outpatient Mental Health Services
574.151
Applicability
574.152
Capacity to Consent to Voluntary Admission
574.153
Rights of Person Admitted to Voluntary Inpatient Treatment
574.154
Participation in Research Program
574.201
Application of Subchapter
574.202
Certain Testimony by Closed-circuit Video Teleconferencing Permitted
574.203
Use of Secure Electronic Communication Method in Certain Proceedings Under This Chapter
574.0345
Order for Temporary Outpatient Mental Health Services
574.0355
Order for Extended Outpatient Mental Health Services
574.0415
Information on Medications
574.0455
List of Qualified Transportation Service Providers
574.0456
Transportation of Patient to Another State
574.0665
Status Conference
574.1065
Finding that Patient Presents a Danger

Accessed:
Mar. 23, 2024

§ 574.062’s source at texas​.gov