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Some Mental Health Code Questions

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August 16, 2007, 10:21
Jim Tirey
Some Mental Health Code Questions
Our local MHMR services are provided through a "community center" (see Tex. Mental Health Code Ch. 534) which serves a 9-county area. We are the largest city and county in the 9 counties, so the center is headquartered here.

Lately, we have had a few emergency detentions on people from other counties who were here for their appointments at the center and required, in the center's opinion, hospitalization. We have obtained mental health warrants, and the sheriff has transported the individuals, under the usual great amount of protest and gnashing of teeth.

The sheriff would like to be reimbursed for his troubles by the home county of these people. I do not think there is authority in the Mental Health Code to charge the home county for these transports, because the home county did not send the person here on an emergency detention.

The only possible solutions that I see are:
(a) refuse to file an emergency detention on a resident from another county who happens to be here in Hale County;

(b) file the detention but make MHMR find someone such as the home county sheriff to transport the patient; or

(c) try to get interlocal agreements regarding payment for transport with these other counties.

None are particularly good alternatives, because I know from experience that these small counties do not like to spend money and most of them have an aversion to any sort of mental health proceedings.

I was curious whether anyone had any suggestions or had some other policies in place for this situation.
August 17, 2007, 13:04
mike bartley
You might call Marilyn Barton in the Dallas County DA's office (if she's still there.) She is a guru on MHMR.

We sometimes have the County Judge in the County next to us take a case for us when we get swamped, or when our county judge is away. Yes, you can pay to allow another county to do your stuff for you. We have, in several times, hired the Kaufman County Attorney staff to do a cases for us if we don't have the time, staff, etc. Again, you have to pay.

Thus, your No. 3 is not viable.

The rule as I was taught: The county mounty takes them away, and the mental hospital pays for bringing them back.

Seems to me like a mix of your b and c should work out.