Emergency Detention for Drug or Alcohol Addiction in Texas

Emergency Detention and Protective Custody Under Texas Chapter 462texasrehabs.net

In Texas, a peace officer can take someone into emergency detention for chemical dependency without a warrant when there is a substantial risk of serious harm and no time to get one. A physician must examine the person within 24 hours, and the hold can't last more than 24 hours after arrival unless an application for court-ordered treatment is filed and a protective custody order is obtained.

Without a warrant

An officer may act when they believe the person is chemically dependent and presents a substantial risk of serious harm to themselves or others unless immediately restrained, and there isn't time to get a warrant. The officer has to take the person to the nearest appropriate inpatient treatment facility. Jail is allowed only in an extreme emergency.

With a warrant

Any adult can file a written application for emergency detention of another adult or a minor, describing specific recent behavior that shows an imminent risk of serious harm. You present it in person to a judge or magistrate, who issues a warrant only if there's reasonable cause to believe the risk is imminent and detention is necessary.

The first 24 hours

A physician must examine the person as soon as possible, within 24 hours after they're picked up. If the physician doesn't find that the emergency criteria are met, the person is released. Detention can't run more than 24 hours after arrival at the facility unless an application for court-ordered treatment has been filed and a protective custody order signed. When the deadline falls on a weekend or holiday, it rolls to 4 p.m. on the next business day.

Protective custody and the 72-hour hearing

Once an application is pending, the county or district attorney, or the court itself, can seek a protective custody order backed by a physician certificate from an examination in the prior five days. The judge may order it when the person presents a substantial risk of serious harm if not restrained before the hearing. A probable cause hearing must follow within 72 hours, extended to the next business day over weekends and holidays. If there's no probable cause, the person goes home; if there is, they can be held until the final hearing.

After detention

Detention is a pause, not treatment. Use that window to arrange medical detox and a residential program, and to decide with the county attorney's office whether to pursue a full application for court-ordered treatment.

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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Sources

Texas Health and Safety Code Chapter 462: Treatment of Persons With Chemical Dependencies