(a) The magistrate or associate judge shall order the release of a person under a protective custody order if the magistrate or associate judge determines after the hearing under § 574.025 that no probable cause exists to believe that the proposed patient presents a substantial risk of serious harm to himself or others.
(b) Arrangements shall be made to return a person released under Subsection (a) to:
(1) the location of the person’s apprehension;
(2) the person’s residence in this state; or
(3) another suitable location.

Terms Used In Texas Health and Safety Code 574.028

  • 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
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.

(c) A facility administrator shall discharge a person held under a protective custody order if:
(1) the facility administrator does not receive notice that the person’s continued detention is authorized after a probable cause hearing held within 72 hours after the detention began, excluding Saturdays, Sundays, legal holidays, and the period prescribed by § 574.025(b) for extreme emergencies;
(2) a final order for court-ordered mental health services has not been entered within the time prescribed by § 574.005; or
(3) the facility administrator or the administrator’s designee determines that the person no longer meets the criteria for protective custody prescribed by § 574.022.

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