Engaging with involuntary treatment can provide urgent, potentially life-saving care to a person experiencing a severe mental health crisis. While it is often initiated under difficult circumstances, an involuntary hold may allow time for stabilization, evaluation, and connection to ongoing support.
Like other states, Texas has specific laws governing psychiatric emergency detentions and court-ordered mental health services. Below is a clear explanation of how involuntary treatment works in Texas, what criteria must be met, and what rights a person maintains during the process.
When to Seek Emergency Help
Call 911 immediately if someone is at imminent risk of self-harm, harm to others, is unable to stay awake, is behaving dangerously, or is experiencing severe confusion, hallucinations, or agitation that cannot be safely managed.
If you are supporting a loved one and need guidance on next steps (non-emergency), you may find our Family Support resources helpful.
What Are the Involuntary Treatment Laws in Texas?
In Texas, involuntary treatment laws are designed to provide necessary psychiatric care for people experiencing severe mental illness who are unable or unwilling to seek help voluntarily. Involuntary commitment is generally considered a last resort and is used when an individual poses a danger to themselves or others, or cannot care for themselves due to mental illness.
Involuntary civil commitment is referred to as court-ordered mental health services in the Texas Mental Health Code, and it is civil rather than criminal.[1] Court-ordered services may be authorized only when a person’s mental illness creates a substantial risk of serious harm to themselves or others and the proposed setting is the least restrictive appropriate option. In some cases, inpatient mental health services may be considered the least restrictive setting available for safety and stabilization.
How Does It Work?
Under the applicable Texas Health & Safety Code, an involuntary detainment for psychiatric evaluation can generally occur in one of two ways: through a formal petition or through an emergency detention initiated by law enforcement or emergency personnel.[2]
- Petition / mental health warrant process: Detention can occur through a judge’s order (often called a mental health warrant). This typically involves submitting a detailed application describing the person’s condition and the observed risk, usually through the local county clerk or Justice of the Peace office.
- Emergency detention: In an emergency, a peace officer may take a person into custody without a court order if there is an immediate, observed risk of serious harm. The individual may be transported to a facility for evaluation and observation. This can occur against the individual’s will.
In either scenario, these steps do not automatically guarantee long-term hospitalization. They primarily guarantee an evaluation to determine whether treatment is necessary and, if so, what setting is appropriate.
What Are the Criteria for Detainment?
The criteria for an involuntary psychiatric detainment in Texas (whether initiated by a judge’s order or by police) generally include the following:[3]
- The person is experiencing a mental illness
- The person poses a substantial and imminent risk of serious harm to themselves or others if not detained
- There is not sufficient time to obtain a warrant before taking the person into custody
Are There Laws to Detain Someone for Substance Use Concerns?
Texas law also includes a pathway for compelling substance use treatment under defined circumstances. Under Texas Health & Safety Code § 463.062, a person may be compelled to enter substance use treatment if all required criteria are met.[4]
- The person is experiencing chemical dependency (abuse, addiction, or psychological/physical dependence on alcohol or a controlled substance)
- The person is likely to cause serious harm to themselves or others
- Without immediate treatment, the person is likely to continue suffering severe mental, emotional, or physical distress
- The person is unable to make a rational and informed choice about whether to submit to treatment
When substance use and mental health symptoms overlap, it may be helpful to explore integrated approaches that address both. (For example, see: dual diagnosis treatment.)
What Can I Expect During Treatment?
During an involuntary hold in Texas, a person may receive treatment based on clinical assessment and the nature of the crisis. The primary goals are stabilization, safety, and a plan for next steps.
Common components may include:
- Psychiatric evaluation: A clinical assessment to determine diagnosis, risk level, and appropriate recommendations.
- Medication management: When clinically indicated, medications may be used to reduce acute symptoms and support stabilization.
- Therapeutic interventions: Short-term individual or group interventions may be used to support crisis stabilization.
- Safety planning: Planning for reduced risk after discharge, including supports, coping strategies, and follow-up care.
- Education and referrals: Connection to outpatient or community-based services when appropriate.
Involuntary holds are typically short-term. After the immediate crisis is addressed, the person may transition into voluntary treatment or community-based services. For ongoing support, care can range from structured day programming to outpatient support depending on safety needs and symptom severity, such as PHP, IOP, or outpatient care.
What Are My Rights If I Am Detained?
People who are detained for potential involuntary treatment still maintain important rights. In general, the person must be examined as soon as possible (often within 12 hours of arrival at the facility). They typically cannot be detained for more than 48 hours after arrival unless a judge signs an Order of Protective Custody (OPC).
A person may only be admitted for further treatment if the examining clinician determines that the person is mentally ill, poses a substantial and imminent risk of serious harm to themselves or others, and that emergency detention is the least restrictive way to prevent harm.
If someone has been detained, a mental health hearing is generally required within a defined timeframe (commonly within two weeks). The court may hear testimony from the applicant, medical experts, and the patient. The court can dismiss the case, order outpatient treatment, or mandate inpatient care and hospitalization.
Recovery Is Possible
Involuntary treatment can be critical in an emergency. However, engaging in proactive, voluntary treatment often supports more stable long-term outcomes. Seeking care earlier can help reduce the likelihood of crisis-level events and improve daily functioning.
If you are looking for options in Houston, you can learn more about our Houston addiction and mental health rehab. If you are unsure where to start, you can contact us to discuss next steps confidentially.
