Emergency Mental Health

A justice of the peace, sitting as magistrate, may issue warrants for emergency

apprehension and detention of mentally ill persons and chemically-dependent persons.

The purpose of these warrants is to keep a person from doing harm to themselves or

others and to get them immediately to a facility that can provide the treatment that is

needed.

An adult may file a written application for the emergency detention of another person

(who can be an adult or a child). Health & Safety Code § 573.011(a).

The application must state:

• that the applicant has reason to believe and does believe that the person

evidences mental illness;

• that the applicant has reason to believe and does believe that the person

evidences a substantial risk of serious harm to himself or others;

• a specific description of the risk of harm;

• that the applicant has reason to believe and does believe that the risk of harm is

imminent unless the person is immediately restrained;

• that the applicant's beliefs are derived from specific recent behavior, overt acts,

attempts, or threats;

• a detailed description of the specific behavior, acts, attempts, or threats; and

• a detailed description of the applicant's relationship to the person whose

detention is sought.

Health & Safety Code § 573.011(a).

The application may be accompanied by any relevant information, and must be made in

person, except by physicians in certain circumstances. Health & Safety Code §§

573.011(c), 573.012(h).