pjc-family-2024-lib

I NVOLUNTARY C OMMITMENT

PJC 245.3

Rem. Code §41.001(2). The definition of “chemical dependency” is based on Tex. Health & Safety Code § 462.001(3). When to use. The foregoing submission may be used when seeking court-ordered treatment for chemical dependency under Tex. Health & Safety Code § 462.062 or the renewal of an order for such treatment under Tex. Health & Safety Code § 462.075. Dangerousness. Although the Committee has found no cases specifically addressing chemical dependency commitments, the Committee believes that a person may not be involuntarily committed under these provisions of the Texas Health and Safety Code unless the person is dangerous to himself or others as a result of his chem ical dependency. Cases involving mental health commitments indicate that such dan gerousness can be shown by the likelihood of causing serious harm to one’s self or to others or being gravely disabled to the point of being dangerous. See Addington v. Texas , 441 U.S. 418 (1979); see also In re F.M. , 183 S.W.3d 489 (Tex. App.—Houston [14th Dist.] 2005, no pet.); In re Breeden , 4 S.W.3d 782 (Tex. App.—San Antonio 1999, no pet.). Burden of proof. The required standard of proof is clear and convincing evi dence. Tex. Health & Safety Code §§ 462.068, 462.069.

[Chapters 246–249 are reserved for expansion.]

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