An Emergency Detention Order (EDO) is a civil legal tool in Texas for immediate intervention during a mental health crisis. It provides a way to ensure an individual’s safety and the safety of others by allowing for a temporary hold for evaluation. This process is initiated when there is a significant and immediate concern about someone’s mental state and their potential to cause harm.
What is an Emergency Detention Order in Texas?
An EDO is a legal authorization for the immediate, short-term detention of a person believed to be in a mental health crisis. Governed by the Texas Health and Safety Code, its purpose is to allow for a preliminary medical examination to determine if an individual’s mental state poses an imminent danger. This is a civil proceeding, not a criminal one, and does not result in a criminal record.
An EDO is not a long-term solution but the first step in a potential series of mental health interventions. It allows a brief period of observation to assess whether the person requires further involuntary treatment or can be safely released.
Grounds for an Emergency Detention Order
To issue an EDO, specific legal standards must be met. The primary requirement is a belief that the person has a mental illness, defined as an illness, disease, or condition that substantially impairs a person’s thought, perception of reality, emotional process, or judgment. A diagnosis of mental illness alone is insufficient.
It must be shown that, as a result of the illness, the individual poses a substantial risk of serious harm to themselves or others, which can be demonstrated through recent behavior or specific threats. For example, actions like attempting suicide, making credible threats of violence, or behavior indicating a severe inability to care for oneself could meet this standard.
The risk of harm must also be imminent, meaning it is likely to occur soon unless the person is restrained. An EDO is also a measure of last resort, used only when less restrictive options like voluntary treatment are unavailable or have been refused.
How an Emergency Detention Order is Obtained
The process for an EDO can be started by a peace officer or by any adult who files a formal application. A peace officer can take a person into custody without a warrant if they witness behavior meeting the EDO criteria and believe there is not enough time to obtain one.1Texas.Public.Law. Texas Health and Safety Code Section 573.001 – Apprehension by Peace Officer Without Warrant The officer must then file a notification of detention at the receiving facility.2FindLaw. Texas Health and Safety Code Section 573.002 – Peace Officer’s Notification Of Detention
If a private citizen seeks an order, they must file a sworn written application with a magistrate.3Texas.Public.Law. Texas Health and Safety Code Section 573.012 – Issuance of Warrant The application must state the belief that the person has a mental illness and poses an imminent, substantial risk of harm. It must also provide a detailed description of the person’s recent behavior, including specific acts or threats, and clarify the applicant’s relationship to the individual.
The magistrate reviews the application for probable cause and, if the standards are met, will issue an Order of Emergency Detention. This order, also called a mental health warrant, authorizes a peace officer to apprehend the individual. The warrant does not expire and remains active until the person is located.
Procedures After an Emergency Detention Order is Issued
Once an EDO is issued or a peace officer initiates a detention, a peace officer apprehends the individual and transports them to the nearest appropriate inpatient mental health facility. If a dedicated facility is unavailable, the person may be taken to a hospital emergency room. A physician must conduct a preliminary examination within 12 hours of apprehension to determine if the person meets the criteria for continued detention.
The initial detention is time-limited, and a person can be held for no more than 48 hours from admission.4Texas.Public.Law. Texas Health and Safety Code Section 573.021 – Preliminary Examination If this 48-hour period ends on a weekend, a legal holiday, or before 4 p.m. on the following business day, the detention may be extended until 4 p.m. on that business day.
Rights of the Individual Detained
An individual detained under an EDO retains protected rights. Within 24 hours of admission, the person must be informed, both orally and in writing, of the reason for their detention, the location, and that it could lead to a longer commitment.5FindLaw. Texas Health and Safety Code Section 573.025 – Rights of Persons Apprehended, Detained, or Transported for Emergency Detention This information must be provided in simple, non-technical terms.
Detained individuals have the right to be treated with dignity and receive appropriate medical and psychiatric care. They also have a right to communicate with an attorney and family members but must be advised that communications with mental health professionals can be used in subsequent legal proceedings.
If the facility seeks longer-term, court-ordered treatment, the individual has the right to an attorney, and one will be appointed by the court if they cannot afford one. The person also has rights concerning medication, including the right to refuse non-emergency medication under most circumstances.
Next Steps After Emergency Detention
As the 48-hour detention period concludes, one of several outcomes will occur. If the examining physician determines the individual no longer meets the legal criteria for involuntary detention, the facility must release them. The facility is required to arrange transportation for the person back to where they were apprehended, their home, or another suitable place at no cost.
Alternatively, the individual may agree to stay at the facility as a voluntary patient. This option is available if the person is deemed capable of making an informed decision about their treatment.
If the physician believes the person continues to meet the criteria for commitment, the facility can file an application for court-ordered mental health services. This action initiates a new legal process where a judge may issue an Order of Protective Custody to continue holding the person. A probable cause hearing must then be held no later than 72 hours after detention under this new order begins, though this deadline can be extended.6Texas.Public.Law. Texas Health and Safety Code Section 574.025 – Probable Cause Hearing At the hearing, a judge determines if there is sufficient reason to continue holding the person pending a final hearing.