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I receved a couple of calls today - one from ADA Dan Risinger in Tarrant County, asking an interesting question: "Does a H&S 574.106 forced med hearing on an incompetent require dangerousness -- or will best interest and incapacity work?"
Asking any group of persons specializing in this area will result in a 50/50 split on that issue. I argue that dangerousness is required but the definiton of dangerousness is fairly broad. The issue, however, is that we need to get this section rewritten in the next legislative session -- merely that the question is frequently asked means there is far too much confusion.

As to 46B.102 commitments, Derek Estep in Eastland County raised that issue -- which again suggests that the statute is not clear on its face. One must run back and forth to the H&S Code which applies, humorously, "whenever it doesn't." When statutes are precisely written and very clear, we don't have to struggle as to how to implement them...

I want to stir up interest in getting these statutes looked at and re-written...

Anybody attending the Advanced Course, talk to me about it.
 
Posts: 264 | Location: Houston, TX | Registered: January 17, 2005Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Forced med hearings and 46B.102 Commitments

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