pjc-family-2024-lib

PJC 245.1

I NVOLUNTARY C OMMITMENT

COMMENT Source. The foregoing questions are based on Tex. Health & Safety Code §574.034(a), which provides criteria for an order for temporary inpatient mental health services. The first sentence of the definition of “clear and convincing evidence” is prescribed in State v. Addington , 588 S.W.2d 569, 570 (Tex. 1979). The second sen tence of that definition is based on Tex. Health & Safety Code § 574.034(d). The defi nition of “mental illness” is based on Tex. Health & Safety Code § 571.003(14). Dangerousness. A person may not be involuntarily committed unless the person is dangerous to himself or others. Such dangerousness 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. See State v. Addington , 588 S.W.2d at 570, on remand from Addington v. Texas , 441 U.S. 418 (indefinite commitment).

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