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Tex. Health & Safety Code § 574.084

REVOCATION OF FURLOUGH

Known as the Texas Mental Health Code

The act spans §§ 571–580 (237 sections).

Applied in 1 court decision — leading case State for the Best Interest & Protection of N.H. (2014)

Most recently applied in State for the Best Interest & Protection of N.H. (September 2014)

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff

(a) A furlough may be revoked only after an administrative hearing held in accordance with department rules. The hearing must be held within 72 hours after the patient is returned to the facility.

(b) A hearing officer shall conduct the hearing. The hearing officer may be a mental health professional if the person is not directly involved in treating the patient.

(c) The hearing is informal and the patient is entitled to present information and argument.

(d) The hearing officer may revoke the furlough if the officer determines that the revocation is justified under Section 574.083(c).

(e) A hearing officer who revokes a furlough shall place in the patient's file:

(1) a written notation of the decision; and

(2) a written explanation of the reasons for the decision and the information on which the hearing officer relied.

(f) The patient shall be permitted to leave the facility under the furlough if the hearing officer determines that the furlough should not be revoked.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.