Side by side
| Chapter 462 (chemical dependency) | Chapters 573 and 574 (mental illness) | |
|---|---|---|
| Covers | Abuse of, dependence on or addiction to alcohol or a controlled substance | Mental illness |
| Emergency hold | Up to 24 hours after arrival without a court filing and protective custody order | Up to 48 hours under Chapter 573 |
| Physician certificates | Two, by different physicians | Two, and one must be a psychiatrist if one is available in the county |
| Length of order | At least 30, no more than 90 days | Temporary orders up to 45 days (up to 90 if the judge finds it necessary); extended orders up to 12 months |
When both apply
Addiction and mental illness often travel together. If the person's danger comes mainly from psychosis, mania or suicidal depression, the mental health process is usually the better fit. If it comes from the alcohol or drugs themselves, Chapter 462 is. The county attorney's office that handles these cases can help you decide, and many people ultimately need dual diagnosis treatment that addresses both.
Crisis help first
For a mental health or substance use crisis, call 988 or your county's local mental health authority crisis line, listed on our Texas crisis help page. If anyone is in immediate danger, call 911.
Each county handles intake a little differently. Find your county's court, the office that helps families file, and nearby detox programs on our court-ordered treatment by county page.
This guide is general information about Texas law, not legal advice. Local court procedures differ; check with your county clerk, the county attorney's office or an attorney before filing.
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Find county filing details: court-ordered treatment by county.
Related reading
- What Is Court-Ordered Rehab in Texas? Chapter 462 Explained
- How to File for Court-Ordered Rehab in Texas: Step by Step
- Emergency Detention and Protective Custody Under Texas Chapter 462
- How Long Does Court-Ordered Rehab Last in Texas?
- What Happens at a Court-Ordered Treatment Hearing in Texas
- Who Pays for Court-Ordered Rehab in Texas?
Sources
- Texas Health and Safety Code Chapter 462: Treatment of Persons With Chemical Dependencies
- Texas Health and Safety Code Chapter 573: Emergency Detention
- Texas Health and Safety Code Sec. 574.034: Order for temporary mental health services
- Texas Health and Safety Code Sec. 574.035: Order for extended mental health services
- Texas Health and Safety Code Sec. 574.009: Requirement of medical examination
- Texas HHSC: Mental health crisis services