Right to counsel
Chemical Dependency Treatment
Per Tex. Health & Safety Code § 462.062, “[a] county or district attorney or other adult may file a sworn written application for court-ordered treatment of another person” based on alleged chemical dependency of the respondent. The court may order inpatient or outpatient treatment. See Tex. Health & Safety Code § 462.069.
Upon filing of the application, “[t]he court shall appoint an attorney to represent the proposed patient if the proposed patient does not retain an attorney of [their] choice.” Tex. Health & Safety Code § 462.063(c). Proposed patients who are minors are also entitled to appointed counsel regardless of whether proposed patient or their family can afford counsel. Tex. Health & Safety Code § 462.063(d).
Where the facility asks the court to modify the inpatient commitment order to require outpatient care or services, the patient is entitled to a hearing upon request. Tex. Health & Safety Code § 462.073(a), (d). The right to counsel extends to this hearing as well. Id. at (d).
Mental Health Treatment
A court may order a proposed patient to receive temporary or extended outpatient mental health services. See Tex. Health & Safety Code Ann. § 574.0345 and § 574.035, respectively. Within 24 hours after an application for court-ordered mental health services is filed, the court shall appoint an attorney to represent the proposed patient if they do not have an attorney. Tex. Health & Safety Code Ann. § 574.003(a). The appointed attorney must represent the individual until:
(1) the application is dismissed;
(2) an appeal from an order directing treatment is taken;
(3) the time for giving notice of appeal expires by operation of law; or
(4) another attorney assumes responsibility for the case.
Tex. Health & Safety Code § 574.004(h). If a patient does not comply with the court ordered outpatient program, the court may set a modification hearing or issue an order for temporary detention, for which the right to counsel also attaches. § 574.037(c-3).
