Paul Romano's seminar presentation on guardianship & mental health commitment.

1. Mental
Commitment
Romano & Sumner, LLC

2. Involuntary
Commitment

3. Involuntary
Commitment
3 – 4 Steps
1. Emergency Detention
2. Protective Custody
3. Temporary Commitment (90 days)
4. Extended Commitment (12 months)

4. Step 1
Emergency
Detention

5. Emergency
Detention
3 Types
1. Emergency Detention w/o warrant (Peace Officer)
2. Emergency Detention w/o warrant (Guardian)
3. Emergency Detention w/ warrant

6. Emergency Detention
w/o Warrant (Peace
Officer)
• Officer must believe
1. Person is mentally ill
2. Substantial risk to harm self or others w/o
immediate restraint
• If so, officer may:
➢ Take into custody
➢ Transport to nearest inpatient mental health facility
➢ File application w/facility for detention

7. Emergency
Detention w/o
Warrant (Guardian)Guardian may not: provide consent for inpatient
psychiatric commitment.
But, if Guardian believes (ward 18 & older)
1. Ward is mentally ill
2. Substantial risk to harm self or others w/o
immediate restraint
Then, Guardian may:
3. Transport to mental health facility
4. Apply for “preliminary examination” and
emergency detention w/o warrant

8. Emergency
Detention
w/ Warrant1. Application for Emergency Detention (any adult may
file)
2. Application Granted for Reasonable Cause
3. Warrant Issued
• Apprehend
• Transport
• Detention at inpatient mental health facility

9. Step 2
Protective Custody

10. Protective Custody
(Timeline)
1. Presentment to Facility (P)
2. P + 12 hours
• Preliminary Physician Exam
• Medical Certificate
3. P + 48 hours
• Released, unless
• Application for Court-Ordered Mental Health Services
(Application) & Order of Protective Custody (OPC)
4. Application + 24 hours
• Appointment of attorney
5. OPC + 72 hours
• Probable Cause Hearing on OPC

11. Step 3
Temporary
Commitment
(90 Days)

12. Commitment
Hearing
• Application + 24 hours – Attorney ad litem
o Represents proposed patient (not family)
o Advocates regardless of personal beliefs
• Application + 14 days – Final Hearing
o Proposed Patient right to be present
o 2 Medical Certificates required
o Public (unless good cause to close)
o Right to jury trial
o Testimony of Psychiatrist required

13. Possible Outcomes
1. Inpatient Mental Health Services (90 Days)
2. Outpatient Mental Health Services (90 Days)
3. Release

14. Inpatient Mental
Health Services
1. Likely to cause serious harm to self; or
2. Likely to cause serious harm to others; or
3. Proposed Patient
a. is suffering severe and abnormal mental,
emotional, or physical distress; and
b. deterioration of independent functioning
exhibited by inability to provide for own
basic needs, including food, clothing,
health, or safety; and
c. unable to make a rational and informed
decision as to whether to submit to
treatment.

15. Outpatient Mental
Health Services
1. Judge finds appropriate services are available, and
2. Judge or jury finds
a. mentally ill, and
b. mental illness is severe & persistent, and
c. if not treated, will suffer sever and abnormal
mental, emotional, or physical distress, and
deterioration of ability to function independently
such that unable to live safely in community w/o
the services; and
d. Inability to participate in outpatient services
effectively and voluntarily

16. Step 4
Extended
Commitment
(12 Months)

17. Order for Extended
Mental Health
Services
Court Finds
1. Mental illness;
2. Condition will last longer than 90 days; and
3. Inpatient under court order for at least 60
days in last 12 months;

18. Involuntary Commitments
& Guardianships
• Involuntary Commitments
o Guardian may voluntarily admit ward under 18
o Guardian may not voluntarily admit ward over 18
• Guardian may transport adult ward to mental health
facility and apply for “preliminary examination” and
emergency detention without warrant.
• Guardian may consent to involuntary psychoactive
medication for adult ward under Order of Protective
Custody.

19. Chemical
Dependency
Commitments

20. Questions?

21. Paul Romano
Romano & Sumner, LLC
2245 Texas Dr., Suite 300
Sugar Land, Texas 77479
Tel. (281) 242-0995
promano@romanosumner.com
www.romanosumner.com