Texas Chapter 462 Hearing | Jury, Attorney, Evidence and Outcomes

What Happens at a Court-Ordered Treatment Hearing in Texastexasrehabs.net

A Texas court-ordered treatment hearing is set within 14 days of filing and must be held by day 30. Your loved one has a court-appointed attorney if they don't have one, and a jury unless they waive it in writing. The state, represented by the county or district attorney, must prove each point by clear and convincing evidence.

Before the hearing

Two certificates of medical examination from two different physicians, each based on an examination within 30 days before the hearing, must be on file. If they aren't, the judge must dismiss the case. If certificates weren't filed with the application, the court can appoint physicians and order an examination.

In the courtroom

The county attorney (or district attorney where there's no county attorney) represents the state. The hearing is on the record. Your loved one can present evidence, cross-examine witnesses and choose whether the hearing is open or closed. As the applicant, expect to testify about what you've seen: specific incidents, dates, overdoses, threats or the decline in their ability to care for themselves.

Possible outcomes

Denied: if the criteria aren't proven by clear and convincing evidence, the person is released.
Inpatient order: commitment to an HHSC-approved facility for 30 to 90 days.
Outpatient order: at the person's request, if the judge finds it's in their best interest, treatment with a licensed outpatient program or a private licensed physician, psychologist, social worker or counselor. An outpatient order can later be changed to inpatient after a hearing.

Minors

A minor always gets an appointed attorney, regardless of family finances, and a juvenile case is heard in a district or statutory court with juvenile or probate jurisdiction. See court-ordered rehab for minors.

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