Mental Commitment

Romano & Sumner, LLC

Involuntary Commitment

Involuntary Commitment

3 – 4 Steps

1. Emergency Detention

2. Protective Custody

3. Temporary Commitment (90 days)

4. Extended Commitment (12 months)

Step 1Emergency

Detention

Emergency Detention

3 Types

1. Emergency Detention w/o warrant (Peace Officer)

2. Emergency Detention w/o warrant (Guardian)

3. Emergency Detention w/ warrant

Emergency Detention w/o Warrant (Peace

Officer)• Officer must believe

1. Person is mentally ill2. Substantial risk to harm self or others w/o

immediate restraint

• If so, officer may:➢ Take into custody➢ Transport to nearest inpatient mental health facility➢ File application w/facility for detention

Emergency Detention w/o

Warrant (Guardian)Guardian may not: provide consent for inpatient psychiatric commitment.

But, if Guardian believes (ward 18 & older)1. Ward is mentally ill2. Substantial risk to harm self or others w/o

immediate restraint

Then, Guardian may:3. Transport to mental health facility 4. Apply for “preliminary examination” and

emergency detention w/o warrant

Emergency Detention

w/ Warrant1. Application for Emergency Detention (any adult may

file)

2. Application Granted for Reasonable Cause

3. Warrant Issued• Apprehend• Transport• Detention at inpatient mental health facility

Step 2Protective Custody

Protective Custody(Timeline)

1. Presentment to Facility (P)

2. P + 12 hours• Preliminary Physician Exam• Medical Certificate

3. P + 48 hours• Released, unless• Application for Court-Ordered Mental Health Services

(Application) & Order of Protective Custody (OPC)

4. Application + 24 hours• Appointment of attorney

5. OPC + 72 hours• Probable Cause Hearing on OPC

Step 3Temporary

Commitment(90 Days)

Commitment Hearing

• Application + 24 hours – Attorney ad litemo Represents proposed patient (not family)o Advocates regardless of personal beliefs

• Application + 14 days – Final Hearingo Proposed Patient right to be presento 2 Medical Certificates requiredo Public (unless good cause to close)o Right to jury trialo Testimony of Psychiatrist required

Possible Outcomes1. Inpatient Mental Health Services (90 Days)

2. Outpatient Mental Health Services (90 Days)

3. Release

Inpatient Mental Health Services

1. Likely to cause serious harm to self; or

2. Likely to cause serious harm to others; or

3. Proposed Patient a. is suffering severe and abnormal mental,

emotional, or physical distress; andb. deterioration of independent functioning

exhibited by inability to provide for own basic needs, including food, clothing, health, or safety; and

c. unable to make a rational and informed decision as to whether to submit to treatment.

Outpatient Mental Health Services

1. Judge finds appropriate services are available, and

2. Judge or jury findsa. mentally ill, andb. mental illness is severe & persistent, andc. if not treated, will suffer sever and abnormal

mental, emotional, or physical distress, and deterioration of ability to function independently such that unable to live safely in community w/o the services; and

d. Inability to participate in outpatient services effectively and voluntarily

Step 4Extended

Commitment(12 Months)

Order for Extended Mental Health

ServicesCourt Finds

1. Mental illness;

2. Condition will last longer than 90 days; and

3. Inpatient under court order for at least 60 days in last 12 months;

Involuntary Commitments & Guardianships

• Involuntary Commitments o Guardian may voluntarily admit ward under 18o Guardian may not voluntarily admit ward over 18

• Guardian may transport adult ward to mental health facility and apply for “preliminary examination” and emergency detention without warrant.

• Guardian may consent to involuntary psychoactive medication for adult ward under Order of Protective Custody.

Chemical Dependency

Commitments

Questions?

Paul Romano

Romano & Sumner, LLC2245 Texas Dr., Suite 300Sugar Land, Texas 77479

Tel. (281) 242-0995promano@romanosumner.com

www.romanosumner.com