Deputy Sheriff has a mental health warrant issued in another county that calls for the person (a resident of our county) to be detained and delivered to a particular facility in that other county. He wants to know whether he should honor this warrant.

Any ideas???

Is there an inpatient mental health facility in your county (that's closer to where the individual would be apprehended than the one in the other county)? If so, the warrant would appear to be facially invalid as directed to your county, since section 573.012(e) requires transport under a warrant to "the nearest appropriate inpatient mental health facility." You probably should stick pretty close to your guns on this, since your county will be responsible for transporting him back to your county if he is not admitted to the mental health facility in the other county. See Tex. Health & Safety Code sec. 573.024(d) (which, because it is more specific than section 571.018(a) and (c)(4), would appear to trump the latter in these circumstances). Thus, a call to the other county (specifically the judge/magistrate who issued the warrant and perhaps the county/district attorney there) to point these problems out might be an appopriate first step. On the other hand, if the other county is home to the nearest appropriate inpatient mental health facility, then you may have no choice but to advise execution of the warrant.

[This message was edited by Scott Brumley on 12-02-04 at .]

[This message was edited by Scott Brumley on 12-02-04 at .]

Thanks! Waller County does not have a facility (in fact we have an agreement with a judge in Austin & send our MH guys to Austin
State Hospital). The one is Harris county (origin of the MH warrant)is probably the closest.

Before I could get back to him, the lt. checked with one of our JPs for advice. She told him to pick up the MH guy, take him to the local MHMR center and then transport to the Harris County facility after notifying the Harris County Attorney's Ofc to meet him there.

How does that sound? I expect the Lt. has already followed through.

Of course, if the patient is admitted, then Harris County will be on the hook for all costs of the proceeding, including transportation.

Here's a twist. What do you think:

Adjoining county transports MH pts to the MHMR office in our county. There is no MHMR office in the adjoining county. The adjoining county says the pt needs to go to the closest MH facility which is Big Springs, not here (Plainview). We've got ourselves a "dump and run" situation...there is no inner-local between our counties. Any thoughts?

1. Send a letter to your local MHMR office advising them that, as they are not viewed by your neighboring county as an appropriate inpatient mental health facility or a facility deemed suitable by the local mental health authority (which -- interestingly enough -- will be your local MHMR), they should not accept any "drop offs". Send a copy to your neighboring county. Maybe call them in advance to let them know that message is forthcoming (if future relations are of interest to you). If they think Big Spring is the nearest appropriate facility, it's their responsibility to transport their patients to that destination, not yours. See Health & Safety Code secs. 573.001(d), 573.012(e).

2. Suggest to your neighbor that the differences between you could be resolved through an enjoyable endeavor known as a declaratory judgment suit to construe the responsibilities and fiscal obligations of your respective counties and facilities. OR

3. Don't take anyone who isn't presented under auspices of emergency detention procedures under chapter 573, and for those who meet that criterion, bill your neighbor for all permissible costs in every one of those cases. See Health & Safety Code sec. 571.018(a), (c) (delineating payable costs as including expenses of transportation and prosecutor's fees). I suspect that winding up on the financial hook may make your neighbor a bit more interested in discussing the issue. Alternatively, it may make them quit dumping their patients on you. Either way, it's an improvement.