On 1/20/05, my Judge signed an Order for Temporary In-Patient Mental Health Services committing a patient to a particular mental health facility for a period not to exceed 90 days.

Now this mental health facility wants to transfer the patient to a local VA hospital as soon as a bed opens up.

Do I need to prepare an Amended Order for Temporary In-Patient Mental Health Services listing the VA hospital as the place of committment, or does the original mental health facility have the right to transfer a patient to another facility without an amended order?

I can tell you that in Harris County (where we do 6500 of these cases in any given year) the following would happen:
a) The tranfering hospital would send to the court a memorandum of transfer,
b) The court would issue a transportation order to the constables who provide such in this county, to transport the patient to the new facility,
c) The receiving facility would sign the memorandum of transfer accepting the patient and
d) The original of the memorandum of transfer would go to the court.

It may not come as a surprise to you that your judge may have an entirely diferent procedure if you intend to transfer the patient to let us say Dallas or Temple.

flj

When in doubt, read the statute, 575.015...
� 575.015. TRANSFER TO FEDERAL FACILITY. The
department or the hospital administrator of a private mental
hospital may transfer an involuntary patient to a federal agency
if:
(1) the federal agency sends notice that facilities
are available and that the patient is eligible for care or treatment
in a facility;
(2) notice of the transfer is sent to the committing
court; and
(3) the committing court enters an order approving the
transfer.
*****
The order of approval and transport would then suffice.
flj