What foundation is necessary before moving for the admission of mental health certificates? At Probable Cause hearing? At Temporary hearing? Thanks.

This section provides that the State may establish probable cause just by the doctor's certificate. I think that at the actual hearing on the commitment, you would have to have live testimony from one or both of the doctors' certificates. Except for establishing probable cause for an OPC, the certificates appear to be largely jurisdictional. See Section 574.009.

Think of it this way - the reason a PC hearing is held is because an OPC is in place (supported by a medical certificate and the affidavit of the applicant) and there is a statutory requirement for a hearing within 72 hours. (Based on application of Gerstein v. Pugh, 420 U.S. 103 (1975) to civil proceedings).

Sec. 574.025 defines the requisites for that hearing. The rules of evidence are relaxed and in (f) is stated that the State may prove its case merely on the basis of the certificate of medical examination.

In Harris County we commonly ask the court to take judicial notice that both the affidavit of the applicant and certificate are on file, and the State rests This procedure has worked in the past several decades and we do 6,500 per year.

flj

P.S. I would agree that at the final hearing, live testimony from a physician is required -- unless waived. But in hearings on extended commitments, under 574.035, then testimony is required by the statute, i.e. the hearing cannot be waived in extended commitments albeit that sometimes testimony may be brief.

flj