Texas Health and Safety Code 462.075 – Renewal of Order for Court-Ordered Treatment
Current as of: 2024 | Check for updates
|
Other versions
(a) A court may renew an order for court-ordered treatment entered under this subchapter.
(b) An applicant who has reasonable cause to believe that a patient remains chemically dependent and that, because of the chemical dependency, the patient is likely to cause serious physical harm to himself or others may file an application to renew the original order for court-ordered treatment. The application must comply with the requirements of § 462.062. The applicant must file the application not later than the 14th day before the date on which the previous order expires.
Terms Used In Texas Health and Safety Code 462.075
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) The application must be accompanied by two new certificates of medical examination for chemical dependency. The certificates must comply with the requirements of § 462.064.
(d) An application for renewal is considered an original application for court-ordered treatment. The provisions of this subchapter relating to notice, hearing procedure, and the proposed patient’s rights apply to the application for renewal.
(e) The court shall enter an order denying an application for court-ordered treatment if the court or jury fails to find, from clear and convincing evidence, that the proposed patient is a person with a chemical dependency and meets the criteria for court-ordered treatment. If the court denies the application, the court shall order the discharge of a proposed patient who is not at liberty.
(f) The court shall commit the proposed patient to a treatment facility approved by the department to accept commitments for not more than 90 days if:
(1) the proposed patient admits the allegations of the application; or
(2) at the hearing on the merits, the court or jury finds that the material allegations in the application have been proved by clear and convincing evidence.