Any adult in Texas can request a Texas emergency detention order by filling out an Application for Emergency Detention and presenting it in person to a magistrate, who decides whether to issue a warrant for a peace officer to take the person into custody for up to 48 hours of psychiatric evaluation. The form is a free fillable PDF from the Texas Judicial Commission on Mental Health at texasjcmh.gov, and paper copies are available at magistrate’s offices, justice of the peace courts, and local mental health authorities. There is no filing fee.
Who Can File and What You Have to Show
You do not need to be a relative, doctor, or law enforcement officer. Any adult with direct knowledge of the situation can apply. What matters is what you can show the magistrate. Four conditions must all be true at the same time, and if any one is missing the application will be denied:1State of Texas. Texas Health and Safety Code Chapter 573 – Emergency Detention
- The person shows signs of a mental illness.
- Because of that mental illness, the person poses a substantial risk of serious harm to themselves or others.
- The risk is imminent unless the person is immediately restrained.
- The necessary restraint cannot be accomplished without emergency detention.
Substantial risk of serious harm does not require a violent act. Severe self-neglect or an inability to care for basic needs, when tied to mental illness, can meet the standard if the person’s condition has deteriorated to the point that they cannot safely remain at liberty.1State of Texas. Texas Health and Safety Code Chapter 573 – Emergency Detention
Filling Out the Application
The form tracks seven required elements from Section 573.011. An incomplete form gives the magistrate grounds to reject it, so treat every blank as necessary.
Your Relationship to the Person
Describe in detail how you know the person: parent, spouse, neighbor, employer, therapist, or anyone else with direct knowledge. This establishes why you are in a position to have observed what you are about to describe.1State of Texas. Texas Health and Safety Code Chapter 573 – Emergency Detention
Your Statements of Belief
Affirm three things: that the person shows signs of mental illness, that the illness creates a substantial risk of serious harm, and that the risk is imminent unless the person is immediately restrained. These are not medical diagnoses. They are your honest, good-faith beliefs as a layperson, based on what you have personally witnessed.
Recent Behavior, Acts, or Threats
This is the section where most applications succeed or fail. Describe specific recent behavior, overt acts, attempts, or threats that form the basis of your beliefs. “He has been acting strange” will not satisfy a magistrate. Write exactly what happened, when, and where. If the person said they intended to hurt themselves, write the words as closely as you remember them. If they displayed a weapon, damaged property, or refused food and water for days, put in the dates and times. Concrete and recent is what carries weight.1State of Texas. Texas Health and Safety Code Chapter 573 – Emergency Detention
Description of the Risk of Harm
Separately from the behavior, describe the specific danger you believe exists, and connect it to what the person did or said. For example: “He told me yesterday he plans to take all of his medication at once. He has access to a large supply of prescription pills. I believe he will attempt suicide if not detained.” The magistrate needs to see the observation and the conclusion.
Supporting Information
Any relevant information can accompany the application. Psychiatric history, current medications, prior hospitalizations, or the name of a treating physician all help the magistrate weigh the situation and help facility staff once the person arrives. The person’s current location, physical description, and any known access to weapons are useful for the peace officer who will execute the warrant.
Submitting the Application
You must present the completed application in person. Mail and email are not options. A magistrate for this purpose includes a justice of the peace, a municipal court judge, a county judge, or a district judge. Many counties designate specific judges or magistrates for mental health warrants, and your local mental health authority can tell you which court to go to.2Texas Justice Court Training Center. Emergency Mental Health Warrants and Emergency Detention Orders
The magistrate will review the application, may ask questions, and decide whether reasonable cause exists on all four criteria. If satisfied, the magistrate issues a warrant to an on-duty peace officer for immediate apprehension. The warrant itself authorizes the detention at the facility; no separate admission form is needed. Both the warrant and a copy of your application are transmitted to the facility immediately.1State of Texas. Texas Health and Safety Code Chapter 573 – Emergency Detention
What Happens After the Warrant Is Signed
A peace officer takes the person into custody and transports them to the nearest appropriate inpatient mental health facility. If none is available, the local mental health authority can designate a suitable alternative. A jail is not an acceptable destination except in an extreme emergency, and even then the person must be kept separate from anyone charged with or convicted of a crime.1State of Texas. Texas Health and Safety Code Chapter 573 – Emergency Detention
At the facility, the person receives a preliminary examination and any necessary emergency medical care. A physician then has to make written findings that mirror the four criteria the magistrate used: mental illness, substantial risk of serious harm, imminence, and no less restrictive alternative. If the physician cannot make all four findings, the person cannot be admitted for emergency detention and must be released.1State of Texas. Texas Health and Safety Code Chapter 573 – Emergency Detention
How Long the Hold Actually Lasts
The statute caps emergency detention at 48 hours, but the clock is counted in a way that often stretches the calendar. The 48-hour period does not begin until 4:00 p.m. on the day the person is admitted, and Saturdays, Sundays, and legal holidays are excluded entirely. Someone admitted on a Friday afternoon may not see the window close until the following week.1State of Texas. Texas Health and Safety Code Chapter 573 – Emergency Detention
The facility must release the person once that period expires unless a court has issued an order for temporary mental health services under Section 574.034. The facility cannot extend the hold on its own.
When Calling Police Is Faster Than Filing
Not every emergency requires the application. Under Section 573.001, a peace officer can take someone into custody without a warrant if the officer believes the person has a mental illness, the illness creates a substantial risk of serious harm, and there is not enough time to get a warrant first. The officer can form that belief from their own observations or from a report by a credible person, which can be you.1State of Texas. Texas Health and Safety Code Chapter 573 – Emergency Detention
After taking someone into custody this way, the officer must immediately transport the person to the nearest appropriate mental health facility, or transfer them to emergency medical services for transport, and file a notification of emergency detention with the facility. Any firearm found in the person’s possession must be seized immediately. Once the person reaches the facility, the same 48-hour evaluation process applies.1State of Texas. Texas Health and Safety Code Chapter 573 – Emergency Detention
The Hold Does Not Extend Itself
If the person still needs inpatient care after 48 hours, the emergency detention does not simply roll over into a longer commitment. The county or district attorney has to file a motion for an order of protective custody in the court where an application for court-ordered mental health services is pending, supported by a certificate of medical examination completed no earlier than three days before the filing.3State of Texas. Texas Health and Safety Code 574.021 – Motion for Order of Protective Custody That is a separate proceeding with its own hearing and standard of proof. The application you file starts the crisis hold; anything beyond it runs through the prosecutor and the court, not the hospital and not you.