Posted: 8/27/2010 11:42:05 AM EDT
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I have a close relative who has gone into a depressive state ever since he lost his business and family, yesterday he tried to commit suicide but was luckily rescued by EMS and survived. He was taken to an area major hospital and will probably will be commited for a few days for observation and evaluation. Since I am not family and his "family" is and odd type of people I cannot get the details of his case. Now my question is?: Does the State of Texas considers attempted suicide a crime, and what major consequences his actions may carry? Mods. if this question, as generic as it sounds is off-topic, please proceed as needed |
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I have a close relative who has gone into a depressive state ever since he lost his business and family, yesterday he tried to commit suicide but was luckily rescued by EMS and survived. He was taken to an area major hospital and will probably will be commited for a few days for observation and evaluation. Since I am not family and his "family" is and odd type of people I cannot get the details of his case. Now my question is?: Does the State of Texas considers attempted suicide a crime, and what major consequences his actions may carry? Mods. if this question, as generic as it sounds is off-topic, please proceed as needed It's not a crime. |
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Not a crime and if he checks himself into a psychiatric hospital, i.e. voluntarily signs the admission forms it won't count against him in the future. It's the same as checking into alcohol or drug rehab. If he refuses to go and is forced into the hospital by a judge or some other authority it will count against him. |
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If he goes to Parkland and tells them he was just doing it for attention, they won't even keep him 24 hours. Keep tabs on him. If they turn him loose real quick, you need to drag his ass to private facility and convince him to check himself in for a week.
It's scary shit. My wife and MIL are both bipolar. Neither were suicidal, but both have had their episodes. It's not the best care in the world, but they take reasonable steps to make sure you don't kill yourself. |
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Not a crime and if he checks himself into a psychiatric hospital, i.e. voluntarily signs the admission forms it won't count against him in the future. It's the same as checking into alcohol or drug rehab. If he refuses to go and is forced into the hospital by a judge or some other authority it will count against him. Even if the person is held under a peace officers emergency detention application, it's still not a crime. |
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Quoted: Quoted: Not a crime and if he checks himself into a psychiatric hospital, i.e. voluntarily signs the admission forms it won't count against him in the future. It's the same as checking into alcohol or drug rehab. If he refuses to go and is forced into the hospital by a judge or some other authority it will count against him. Even if the person is held under a peace officers emergency detention application, it's still not a crime. There wouldn't be criminal charges, but it will count as an involuntary commitment if he refuses to admit himself, LE decides he is a danger to himself and detains him, and then asks a court to keep him from being discharged. If a patient signs up for treatment themselves, the courts in most cases can not order that person be 'locked away in the looney bin'. Unless his physician decides he really is crazy. Link to TX mental health laws: http://www.megalaw.com/tx/top/txmentalhealth.php |
| Thank you good people, I just found out that he turned on the gas in his apartment, One of his sons after receiving a call from him before he did the attempt called the police and asked them to do a welfare check on his place. The strong smell of gas prompted the EMS to break down the door and pull him out in the brink of time. He was taken to a Houston area hospital and then transfered to a mental facility in another hospital. He is doing ok and now he realizes the mistake he made and is ashamed of his behavior. I cannot talk to him on the phone but I found out on his condition. While I do not agree with his actions, I understand we now live in hard times and people sometimes cannot bear to cope with these problems and the burden becomes unbearable in their eyes and mind. We are praying for his recovery and hope you all do the same |
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It is NOT a leo decision to commit someone but a Dr and Court decision. Say there is a welfare check and the person is blasted out of his mind on prescription meds. The cops are going to call the FD for transport and since it looks like a suicide attempt the ER will take steps toward an ORDER OF PROTECTIVE CUSTODY/OPC. The ER DOC simply has to commit the Pt for what amounts to a 2- 3 day hold during which he will see Pysch and if a further hold is required it MUST go before a judge. Some folks are released after the hold and go to intensive outpatient treatment .
I have seen cases in which the Pt. talks to the Doc and convinces them that it was an accident "My BP meds and my Ativan are both little oval white pills and I took two Ativan instead of one half" and they leave the ED after several hours. You will be asked by the Dr and Nurses "Do you want to hurt yourself or anyone else?". Say YES and you are coming in. Have EMS find you with a rope around your neck or some other condition in which a reasonable person would think you were about to harm yourself and you are coming in. If you come in on your own you can ask to be released before 72 hours but you are going to have to be released by the Psych Doc and if the shrink thinks you need to stay you prolly gonna stay.. I lived this day to day while working in the ED as an RN. |
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Not a crime and if he checks himself into a psychiatric hospital, i.e. voluntarily signs the admission forms it won't count against him in the future. It's the same as checking into alcohol or drug rehab. If he refuses to go and is forced into the hospital by a judge or some other authority it will count against him. Even if the person is held under a peace officers emergency detention application, it's still not a crime. There wouldn't be criminal charges, but it will count as an involuntary commitment if he refuses to admit himself, LE decides he is a danger to himself and detains him, and then asks a court to keep him from being discharged. If a patient signs up for treatment themselves, the courts in most cases can not order that person be 'locked away in the looney bin'. Unless his physician decides he really is crazy. Link to TX mental health laws: http://www.megalaw.com/tx/top/txmentalhealth.php Right but an OPC is difficult to obtain as was posted by the other poster who was an RN. A peace officer emergency detention form is only good for 72 hours while the hospital psychiatric team evaluates and determines if further treatment is needed and or to direct them to proper psychiatric care. The Emergency detention form completed by Police is a warrantless-arrest and a person has to be a danger to themselves or others and imminently so. With that said though it's not a criminal matter. The hospital and or family would have to seek the OPC via the court system during that 72 hours and if not, he or she would have to be released from the hospital. Being committed to a mental institution these days is a long process and is not a simple thing to accomplish as it was back in the 1960s. Almost anyone can be in " Mental crisis " at some point in their lives depending on whats going on. It does not deem them mentally defective, or crazy, etc. |
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Quoted: Quoted: I have a close relative who has gone into a depressive state ever since he lost his business and family, yesterday he tried to commit suicide but was luckily rescued by EMS and survived. He was taken to an area major hospital and will probably will be commited for a few days for observation and evaluation. Since I am not family and his "family" is and odd type of people I cannot get the details of his case. Now my question is?: Does the State of Texas considers attempted suicide a crime, and what major consequences his actions may carry? Mods. if this question, as generic as it sounds is off-topic, please proceed as needed It's not a crime. Interesting scenario in DFW this week. Suicidal guy was going to jump off bridge, cops stopped traffic, etc., talked him down. But the incident resulted in a traffic accident and someone died. No charges yet on the suicidal guy for the accident, but we will see. Lawsuit probably, that is how America works. |
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I have a close relative who has gone into a depressive state ever since he lost his business and family, yesterday he tried to commit suicide but was luckily rescued by EMS and survived. He was taken to an area major hospital and will probably will be commited for a few days for observation and evaluation. Since I am not family and his "family" is and odd type of people I cannot get the details of his case. Now my question is?: Does the State of Texas considers attempted suicide a crime, and what major consequences his actions may carry? Mods. if this question, as generic as it sounds is off-topic, please proceed as needed It's not a crime. Interesting scenario in DFW this week. Suicidal guy was going to jump off bridge, cops stopped traffic, etc., talked him down. But the incident resulted in a traffic accident and someone died. No charges yet on the suicidal guy for the accident, but we will see. Lawsuit probably, that is how America works. Oh definitely. CIVIL court is much easier to prove a case for damages, but criminal, no. The traffic crash probably occurred because someone was not looking FORWARD. Negligent on their own for that one. |
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Actually, it is a crime, although not what you would think. It is attempted murder, but I have never heard of anyone being charged for attempting to kill themselves. Read Texas Penal Code 19.02(b) Murder and 15.01 Criminal Attempt. I had this pointed out to me by a sergeant many years ago and don't know why it wouldn't apply to an attempted suicide.
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It is NOT a leo decision to commit someone but a Dr and Court decision. Say there is a welfare check and the person is blasted out of his mind on prescription meds. The cops are going to call the FD for transport and since it looks like a suicide attempt the ER will take steps toward an ORDER OF PROTECTIVE CUSTODY/OPC. The ER DOC simply has to commit the Pt for what amounts to a 2- 3 day hold during which he will see Pysch and if a further hold is required it MUST go before a judge. Some folks are released after the hold and go to intensive outpatient treatment . Are you talking about an Order of Protective Custody under Health and Safety Code 462.065? Only a judge can issue that. A physician cannot have someone committed under 462.065. Can you provide a Texas statute that enables a physican to have someone immediately committed? It would really help my fellow officers out and save us a bunch of work. What usually happens now is that a pysch patient arrives in the emergency room (either by family, LEO, or ambulance). If the physician feels they are a danger to themselves or others due to mental illness the ER calls for a mental health evaluator (non-physician) to evaluate the patient. If the evaluator feels the person is a danger to themselves or others due to mental illness thay call for a peace officer. If the peace officer agrees then he takes the person into custody under Health & Safety Code 573.001 and transports the patient to a mental health facility. The officer then files an application for detention, after the fact. That goes to a judge the next business day, but the person has already gone to the hospital and been admitted. If an ER doctor can have the person immediately committed without a peace officer ever being involved it would make our lives much simpler. Sec. 573.001. APPREHENSION BY PEACE OFFICER WITHOUT WARRANT. (a) A peace officer, without a warrant, may take a person into custody if the officer: (1) has reason to believe and does believe that: (A) the person is mentally ill; and (B) because of that mental illness there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained; and (2) believes that there is not sufficient time to obtain a warrant before taking the person into custody. (b) A substantial risk of serious harm to the person or others under Subsection (a)(1)(B) may be demonstrated by: (1) the person's behavior; or (2) evidence of severe emotional distress and deterioration in the person's mental condition to the extent that the person cannot remain at liberty. (c) The peace officer may form the belief that the person meets the criteria for apprehension: (1) from a representation of a credible person; or (2) on the basis of the conduct of the apprehended person or the circumstances under which the apprehended person is found. (d) A peace officer who takes a person into custody under Subsection (a) shall immediately transport the apprehended person to: (1) the nearest appropriate inpatient mental health facility; or (2) a mental health facility deemed suitable by the local mental health authority, if an appropriate inpatient mental health facility is not available. (e) A jail or similar detention facility may not be deemed suitable except in an extreme emergency. (f) A person detained in a jail or a nonmedical facility shall be kept separate from any person who is charged with or convicted of a crime. Sec. 573.002. PEACE OFFICER'S APPLICATION FOR DETENTION. (a) A peace officer shall immediately file an application for detention after transporting a person to a facility under Section 573.001. (b) The application for detention must contain: (1) a statement that the officer has reason to believe and does believe that the person evidences mental illness; (2) a statement that the officer has reason to believe and does believe that the person evidences a substantial risk of serious harm to himself or others; (3) a specific description of the risk of harm; (4) a statement that the officer has reason to believe and does believe that the risk of harm is imminent unless the person is immediately restrained; (5) a statement that the officer's beliefs are derived from specific recent behavior, overt acts, attempts, or threats that were observed by or reliably reported to the officer; (6) a detailed description of the specific behavior, acts, attempts, or threats; and (7) the name and relationship to the apprehended person of any person who reported or observed the behavior, acts, attempts, or threats. |