Order For Protective Custody

Sec. 593.044. ORDER FOR PROTECTIVE CUSTODY. (a) The court in which an application for a hearing is filed may order the proposed resident taken into protective custody if the court determines from certificates filed with the court that the proposed resident is: (1) believed to be a person with an intellectual disability; and (2) likely to cause injury to the proposed resident or others if not immediately restrained. (b) The judge of the court may order a health or peace officer to take the proposed resident into custody and transport the person to: (1) a designated residential care facility in which space is available; or (2) a place deemed suitable by the county health authority. (c) If the proposed resident is a voluntary resident, the court for good cause may order the resident's detention in: (1) the facility to which the resident was voluntarily admitted; or (2) another suitable location to which the resident may be transported under Subsection (b). Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1445, eff. April 2, 2015.