Key Takeaways
- Texas allows emergency detention for up to 48 hours after a person is brought to a facility.
- A peace officer can detain without a warrant; any adult can apply to a judge for a mental health warrant.
- The criteria: mental illness and a substantial, imminent risk of serious harm to self or others.
- A physician must examine the person within 12 hours of being detained.
- If the 48 hours ends on a weekend or holiday, the person may be held until 4 p.m. the next business day.
What Is a Mental Health Warrant in Texas?
Texas does not use a single nickname like “5150.” Instead, an emergency psychiatric hold happens through emergency detention under Chapter 573 of the Health & Safety Code. When a judge or magistrate issues the order on someone’s application, people commonly call it a mental health warrant.
What Are the Criteria?
For emergency detention, there must be reason to believe the person has a mental illness and, because of it, there is a substantial risk of serious harm to themselves or others — a risk that is imminent unless the person is immediately restrained. The risk of harm can be shown by the person’s behavior or by evidence of severe emotional distress and deterioration. A peace officer acting without a warrant must also have no time to first obtain one.
Who Can Initiate It? (How to Get a Mental Health Warrant)
There are a few routes:
- A peace officer may detain a person without a warrant when the criteria are met and there’s no time to get one.
- Any adult can file an application for emergency detention with a judge or magistrate, who may issue a mental health warrant.
- A guardian may apply on behalf of a ward.
Licensed professionals may submit applications, and in many counties this is coordinated with local mental health authorities.
How Long Does Emergency Detention Last?
A person may not be held under emergency detention longer than 48 hours after being presented to the facility, unless a court issues an order for protective custody. A physician must examine the person within 12 hours. If the 48-hour period would end on a Saturday, Sunday, or legal holiday, the person can be held until 4 p.m. on the next business day.
What Happens After Emergency Detention?
After the initial hold, a person may be released, choose voluntary treatment, or move into the court process for court-ordered mental health services under Chapter 574. Temporary court-ordered treatment can last up to 90 days, and extended treatment up to 12 months, each with hearings and the right to an attorney.
Frequently Asked Questions
How long is an emergency mental health hold in Texas?
Up to 48 hours after the person is brought to the facility, with a physician exam required within 12 hours. If the period ends on a weekend or holiday, it can extend to 4 p.m. the next business day.
What is a mental health warrant in Texas?
An order a judge or magistrate issues, on an adult’s application, authorizing a person in crisis to be taken in for emergency psychiatric evaluation under Chapter 573.
How do you get a mental health warrant on someone?
Any adult can file an application for emergency detention with a judge or magistrate, describing why the person appears mentally ill and an imminent risk of serious harm. The judge decides whether to issue the warrant.
What are the criteria for emergency detention in Texas?
Reason to believe the person has a mental illness and, because of it, poses a substantial and imminent risk of serious harm to themselves or others unless immediately restrained.
What happens after a mental health warrant in Texas?
After up to 48 hours, the person is released, admitted voluntarily, or enters the court process for court-ordered mental health services (temporary up to 90 days, extended up to 12 months) with hearings and legal representation.
This article is for general education and is not legal or medical advice; laws change and details vary by county and facility. Related: Involuntary hold by state · California 5150. Sources: Tex. Health & Safety Code Ch. 573 (§§573.001, 573.012, 573.021) and Ch. 574