Emergency Mental Health Commitments (Mental Warrant)

What does a mental health warrant do? Per Health and Safety Code, Title 7, Subtitle C, Chapter 573, a mental health warrant issued by a magistrate orders a peace officer to detain the person and take them to an inpatient mental health facility for an evaluation for their need for treatment. It does not guarantee admission to a facility or require that someone stay there for a period of time. 

Any adult may file an application with a magistrate, including a justice court judge, for an emergency mental health commitment after they have confirmed an appointment is available to see a judge. 

Application for Mental Warrant

The application must state:

1. That the applicant has reason to believe and does believe that the person evidences mental illness;
2. That the applicant has reason to believe and does believe that the person evidences a substantial risk of serious harm to himself or others;
3. A specific description of the risk of harm;
4. That the applicant has reason to believe and does believe that the risk of harm is imminent unless the person is immediately restrained;
5. That the applicant's beliefs are derived from specific recent behavior, overt acts, attempts or threats;
6. A detailed description of the specific behavior, acts, attempts or threats; and
   
7. A detailed description of the applicant's relationship to the person whose detention is sought
   

The application may be accompanied by any relevant information.

The application must be personally presented to the magistrate. The magistrate may issue to a peace officer a warrant for the person's immediate apprehension if the magistrate finds reasonable cause to believe that:

1. The person evidences mental illness;
2. The person evidences a substantial risk of serious harm to himself or others;
3. The risk of harm is imminent unless the person is immediately restrained; and
   
4. The necessary restraint cannot be accomplished without emergency detention

All mental health warrants must be transported directly to John Peter Smith Hospital (JPS) unless the warrant includes proper written documentation from an accepting hospital confirming that they have availability. It is the applicant's responsibility to contact the accepting hospital to confirm bed availability and to contact their insurance provider if they are requesting private care.

Persons applying for an EMHC should first contact MHMR (Mental Health and Mental Retardation). MHMR provides help to individuals with severe mental illness and other serious emotional disturbances. MHMR may be able to help with diagnosis of an illness, financial assistance, medical care, prescriptions and treatment options. MHMR's Crisis Services provides mental health emergency support for 24-hours-a-day, 365-days-a-year and is the first point of contact to begin eligibility assessment. Call 817-335-3022 or 1-800-866-2465. For more information, you may visit www.mhmrtarrant.org.