Texas Health and Safety Code 573.004 – Guardian’s Application for Emergency Detention
(a) After transporting a ward to a facility under § 573.003, a guardian shall immediately file an application for detention with the facility.
(b) The application for detention must contain:
(1) a statement that the guardian has reason to believe and does believe that the ward evidences mental illness;
(2) a statement that the guardian has reason to believe and does believe that the ward evidences a substantial risk of serious harm to the ward or others;
(3) a specific description of the risk of harm;
(4) a statement that the guardian has reason to believe and does believe that the risk of harm is imminent unless the ward is immediately restrained;
(5) a statement that the guardian’s beliefs are derived from specific recent behavior, overt acts, attempts, or threats that were observed by the guardian; and
(6) a detailed description of the specific behavior, acts, attempts, or threats.
Terms Used In Texas Health and Safety Code 573.004
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The guardian shall immediately provide written notice of the filing of an application under this section to the court that granted the guardianship.