SECTION 904.41. Criteria for an Order of Protective Custody

(a) In accordance with THSC, §593.044, an individual for whom an application for commitment is filed may be taken into protective custody only if the court determines from certificates filed with the court that the individual is:

(1) believed to be a person with mental retardation; and

(2) likely to cause injury to self or others if not immediately restrained.

(b) An individual under an order of protective custody may be detained for not more than 20 calendar days after the date on which the custody begins pending an order of the court.

(c) The state MR facility in which an individual is held in protective custody must discharge the individual not later than the 20th day after the date on which custody begins if the court that issued the order of protective custody has not issued a court commitment or further detention orders.

Source Note: The provisions of this §904.41 adopted to be effective January 1, 2001, 25 TexReg 12746; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective September 1, 2023, as published in the August 11, 2023, issue of the Texas Register, 48 TexReg 4397