As the new county attorney, I have the fortune of stepping right in the middle of a long-running feud between our Sheriff's Office and our MHMR folks regarding the transportation of mental patients committed to the state hospital.

Basically, the problem stems from the fact that the closest state hospital is Big Spring, which is 3-4 hours away. The sheriff does not like having to use manpower, time, and vehicles to transport people. The really fun part is when we have an Emergency Detention in the morning and then one later in the afternoon after the first has already left.

We are starting to explore solutions to this problem. One thing that has been mentioned is hiring a mental health officer between several counties. Does anyone have any experience in this sort of thing or any other suggestions to try?

Jim, I don't really have an answer for you except to say that misery loves company. The S.O. often gripes to me about it, and the MHMR gripes to me about the S.O. griping at them.
Russell Malm
malm@co.midland.tx.us

[This message was edited by russwm on 04-28-05 at .]

Don't you just love it when MHMR has been working with and individual all day knowing he will need hospitalizing but they do not let you know until 4:45 in the afternoon and they expect him to go today.

The issue of who transports is a perennial problem. I would argue that the county at the highest level, i.e. the Commissioners Court and County Judge, can set reasonable rules for when transports will be scheduled For example, "We will schedule all transports in the mornings.." Some countries, like Harris, designate one of the constables this duty, and fund mental health officers. The Code, however, reads as follows, and would allow MHMR to transport, though the agency would be reimbursed:

574.045. TRANSPORTATION OF PATIENT. (a) The court may authorize the transportation of a committed patient or a patient detained under Section 573.022 or 574.023 to the designated mental health facility by:
(1) a relative or other responsible person who has a
proper interest in the patient's welfare and who receives no remuneration, except for actual and necessary expenses;
(2) the facility administrator of the designated mental health facility, if the administrator notifies the court that facility personnel are available to transport the patient;
(3) a special officer for mental health assignment certified under Section 1701.404, Occupations Code;
(4) a representative of the local mental health authority, who shall be reimbursed by the county; or
(5) the sheriff or constable, if no person is available under Subdivision (1), (2), (3), or (4).
(b) The court shall require appropriate medical personnel to accompany the person transporting the patient if there is
reasonable cause to believe that the patient will require medical assistance or the administration of medication during the
transportation. The payment of an expense incurred under this subsection is governed by Section 571.018.
(c) The patient's friends and relatives may accompany the patient at their own expense.
(d) A female patient must be accompanied by a female attendant unless the patient is accompanied by her father, husband,
or adult brother or son.
(e) The patient may not be transported in a marked police or sheriff's car or accompanied by a uniformed officer unless other
means are not available.
(f) The patient may not be transported with a state prisoner.
(g) The patient may not be physically restrained unless necessary to protect the health and safety of the patient or of a
person traveling with the patient. If the treating physician or the person transporting a patient determines that physical restraint of
the patient is necessary, that person shall document the reasons for that determination and the duration for which the restraints
are needed. The person transporting the patient shall deliver the document to the facility at the time the patient is delivered. The
facility shall include the document in the patient's clinical record.
(h) The patient must be transported directly to the facility within a reasonable amount of time and without undue delay.
(i) All vehicles used to transport patients under this section must be adequately heated in cold weather and adequately
ventilated in warm weather.
(j) Special diets or other medical precautions recommended by the patient's physician must be followed.
(k) The person transporting the patient shall give the patient reasonable opportunities to get food and water and to use a bathroom.

[This message was edited by Floyd L. Jennings on 05-03-05 at .]

We contract for transportation with MHMR, we pay for vehicle mileage and transportation time. It has worked out well enough and not too expensive. And the best benefit,(drum rolls in background) no complaints from sheriff. Send me an email if you want a copy.