Step 1: Make sure this is the right tool
Chapter 462 is for alcohol and drug addiction. If the main problem is a mental illness, such as psychosis, a different law applies (see Chapter 462 vs mental health commitment). If someone is in danger right now, call 911 or 988 instead of filing.
Step 2: Get a physician's certificate
Any adult may file, but a private applicant has to attach a certificate of medical examination for chemical dependency signed by a physician. Only a county or district attorney can file without one. The certificate states the physician's opinion that the person has a chemical dependency and, as a result, meets the harm or deterioration criteria, with detailed reasons. Ask the person's doctor, an emergency department physician or a detox unit physician who has examined them. A certificate based on an examination within the past five days also lets the court consider protective custody.
Step 3: Contact the county attorney's office
In many Texas counties the county attorney (or district attorney where there is no county attorney) represents the state at these hearings and has a mental health division that reviews applications and walks families through local forms. Calling them first saves time. Our county pages list the office and court for the largest counties.
Step 4: File with the county clerk
File the sworn application with the county clerk in the county where the person lives, where they are found, or where they are already receiving court-ordered or emergency treatment. The case is styled with the person's initials, not their full name, and the records are confidential. In counties with a statutory probate court (Bexar, Cameron, Collin, Dallas, Denton, El Paso, Galveston, Harris, Hidalgo, Montgomery, Tarrant and Travis), that court usually hears these cases; elsewhere it's the county court or a county court at law.
Step 5: Protective custody, if needed
While the application is pending, the county or district attorney, or the court on its own, can ask for a protective custody order if a physician states the person presents a substantial risk of serious harm unless restrained. If custody is ordered, a probable cause hearing has to be held within 72 hours.
Step 6: The hearing
The court sets the hearing within 14 days of filing and must hold it by day 30 even with continuances. Two certificates from two different physicians, each based on an examination within 30 days before the hearing, must be on file or the case is dismissed. The person gets an appointed attorney if they don't have one, and the hearing is before a jury unless they waive it in writing. Your role is usually as a witness. See what happens at the hearing.
Step 7: The order and treatment
If the criteria are proven by clear and convincing evidence, the court orders treatment for at least 30 and no more than 90 days at an HHSC-approved facility, or, at the person's request, outpatient treatment if the judge finds that's in their best interest.
What it costs
The county pays the court costs, including the appointed attorney, physician examinations and transport, but it can seek reimbursement from the patient, the applicant or anyone responsible for the patient's support, and the court may require a cost bond. Treatment itself is a separate cost; private facilities aren't paid by the county unless no public facility is available. See who pays for court-ordered treatment.
Line up a bed while you file
Courts can only commit someone to an approved facility, and the order means little if there's nowhere to go. Many families use the filing window to find a residential rehab in Texas that accepts their insurance. If your loved one agrees to go voluntarily at any point, you can withdraw the plan to file.
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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Related reading
- What Is Court-Ordered Rehab in Texas? Chapter 462 Explained
- Chapter 462 vs Mental Health Commitment in Texas
- 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?