ORDER NO. 22165
AFFROVAI., OF' INTF.RLOCAL Ar,REF'MENT FOR MENTAL HEALTH
ANU CHEMICAL DF.PF.NDENCY COMMITMENTS AT THE KERRVILLE.
STATE HOSPITAL BF',TWESN K7?FR COr?NTY AND THE COt1NTIES
..._ LISTF1h• BELOW
On this the 261_Ei dray of duly 1999, ~.ipon mvt_ion made by
~",c~,mmissianf:r Holc~kamp, seconded by Commissioner Lackey, the
Court unanimously approved by a vote of 4-0-0, to approve the
Intr;rloreil Agreement. for Mental Health and Chemical Dependency
Commitments at the Kerrvill«: State Hospital between Kerr
County anti Guadalupe; Blanco; F.eal; Frio; Victoria; Jackson;
rend Gonz~.~les County; and authorize the County Judge to sign
same.
STATE OF TEXAS )(
)(
COUNTY OF KERR )(
INTERLOCAL AGREEMENT FOR
MENTAL HEALTH AND CHEMICAL DEPENDENCY COMMITMENTS
AT KERRVILLE STATE HOSPITAL
This Agreement is entered into on the 26th day of
,7u1y,1.994, pursuant to the terms of Texas Government Code,
C_:hapter 791, by and bet.wef~n the Comnri:;sioners' Court o£
__ _ ^uunty, Texas, hereinafter "_ ,__ ", and the
Commiasioners Court of Kerr County, Texas hereinafter "Ke:•rr",
for the purpose of providing certain services relating to
mental and chemical dependency coimnir.ment hearings for
resident of. _______,.~__ Count.y at the State at Kerrville
State Hosl?ltal.
WHEREAS, ____ County, Texas, on or-,r,asion has residents
who are in need of involuntary commitment to tho Kerrville
State Hospital, lor,ated in Kerrville, Kerr County, Texas; and
WHEREAS, ttu• Chapters 571 (G«;~nerrr:E Provisions), 573
(F.meryency Detention), and 574 {Court-Order«=d Ment_.al Health
Services), of the Texas HF•alth and Safety Code, hereinafter
"Code", provide• for the involuntary conmlitment of those
persons d<.emr,.d to 1>r~ uce•nt~illy 111 rind who meet the criteria
for commitment; rind
WHEREAS, Ch<<pter 462 of the Code, (Treatment of chemically
Dependent Persons), prnvide:> for tha involuntary commitment. of
those, persons deemed f„ be chemically dependent and who meet.
the crit<•r1a for commitment; and
WHEREAS, Scrction 579.001 (b) provides that an application.
for r.onriz-ordcared mente.,l health services must hF f:Lle;d with
the County Clerk in the County in whi<~h the proposed patient:
(2) is found; or
PACE ~i C~6
(3) is rer_a~iviny mental health services by court order or
under Suhr.h<.ipt.r>r A, chapter 57'z (Apprehension by a
Fence officer without a Warrant_); and
WHEREAS, Ser•tion 4F, 2.. 062 {h} provides that an applir.ation
forr,our:t-orc9ered tre.:ztment for chemically dependent persons
mu,t be filr~d with the County Clerk in the Counr_y in which the
proposed pritient:
(1) rr;s.i_des;
(2) i.s found; or
(3) is receiving trezztment by C',~urt Order or under Section
462-041 (Apprehension by a Peace Officer Without a
Warrant.) ; anc5
WHEREAS, k,ot_h _____ ____, County and Kerr County have
jurisdiction over such procaeciinys where the proposed pati.cnt.
is a rc>sident of __ ___ ___ County and is either found in Kerr
County, L: receiving court.-ordered mental. he~.tlt.h servioe;; or
treatment, for <;h?rnical dependency, or is brought to the
Kerrville Strtt.c~ Hospital by a peace officer wi.t.hout a warrant
under t}te pr:c,visi_ons of 462.941 or .~uhchapter A, chapter 573
of t:he Texa:: Hr^alt.h and Se~fety Code; eutd
WHERF,AS, given the time con:;traints set out in the Code,
and the difficulty and expense of transporting patients,
witnessr~s, and attorneys t.o and from _ ___ County for such
hearing:;, it is impractical for __ __ County to hold
tc~mporetry and c-xtrnded c,ommit_ment hearings within the
yeouraphicaL confines of ___--_--- County; and
WHF.RE:AS, ._,_ ___ county finds that the most appropriate,
sate, and expeditious site for said he:zr:Lngs is the Kerrville
State Ho:.;pital, in Kerrville, Kerr County, Texas, and desires
that thr hearings he held by the proi,er Karr County judicial
officer with jurisdiction over such matters within Kerr
County; and
WHEREAS, the; pvbl:ir, health, s~ifety, ,:znd welfare of the
citizens of both counties, as well arc proposed patients,
would be best serer-•d by entering i.nt.n this Interlocal
Cooperation Agreemr•rtt pursu~rnt to the authority yrant_ed by
c}-i;,ptrr 791 of. the Tex~es i3overnment Code (the Interlocal
Cooper r.{t ion Act_);
NOW THEREFORE, be it resoive<i that _ _ __ County and
Kerr County agree to enter into this Interlocal Cooperation
Agreement, and the parties acrrar as follows:
Section 1. TERM
2.] This Agreement is to be effective on the date that .it is
~tPL>rovc=d by order of the commissioners court of each r.•ounty,
and is to end on September 30, ]99_ unless renewed by
.-- mutuexL orders of thr. respective commissioners courts for
subset}ur~nt one-ye.zr te:,rms beginning on October lst and ending
on Cepternber 49th of ear,h contract period.
PAC,h 597
~t. To ronr.:•w this Agreement __
request to the County Clerk of Kerr
statement of proposed costs for the
statement of costs is acceptable, _ _
cet-t ified ropy of the order renewing
County ~htdgr:r Gf Kerr county prior to
year preceding t.}te renewal. period.
_______ sha11 forward a
County requesting a
next budget year. If said
_ _ shall forward a
this Agreement to the
August 1st of the budget
b. Kerr shr~~11 e.it.her accept or decline the offer to
renrew by forrnal order of the Commissioners Court. and shall
forward a certified copy of said order to the County Judge of
------, ___--_ _ County on or before S~=pt ember 1st of the budget
year preceding the renewal]. period.
).. ), Fi.ther party may o.:,ncel this ac.treement for any reason by
notifying thc, other in writing at least thirty (30) days prior
to the effective date of the c•ancell.ation. A_L1 amounts due
and owing} t;o Kerr County pursuant to this agreement on t_.he
r~ffecti.ve date of cancellation shah t:~e paid by __ _ County
within c:ixt_y clayt; of thrr receipt of any hill or the data. of
ran^eLl,xtic,rt, whichever is lat_.er.
Section 3. DEFINITIONS
3.7 "ke~s~i.dernt" as that term is use°d herein shall have the
s::rme mr>aning as that term has been defined in the Indigent
Health C~.tre Art ;ind a.: that term has been applied and construed
by the Courts,
Section 4. FUNDING REQUIREMENTS
~.1 _ __ _ _ County agrees that all funds due under the
terms of this agreement sha.11 be payable nut of current
revenues and that it shall set aside a fund in an amount
suffir,ie~nt to satisfy any obligation created by this
agrec~mr:nt.
9.2 Any order of the Commissioners Court of _ __ __
County which renews this Agreement shall be deemed to be a
cect:ifirat..i-on that. the obligation incurred by the renewal
shall. h<: payable out of current. revenuc:~s and that _ _ it
ha:• or will, s«>t. aside a fund in an .mount sufficient to
satisfy r~ny obligation c; r,=aced by this agreement.
Section 5. DUTIES OF KERR COUNTY
5.1 Ker°r County ztgrees that it will assume jurisdiction over
all court-ordered mental health proceedings and chemical
drrpendenc'y treatment matters whir_h concern residents of
______ Counr,y that acct prc,pc=rly filed in or transferred to
the Kerr County c;purt with jurisd.ir,tion.
5.2 Kert:' County :>hal.l have no duty to accept jurisdiction or
prn<:c-•eci with any court-~rderedrommit;ment or treatment
proceeding where the terms of this ccmtr.act heve not been
complied with, ins:luding non-payment.
PAG}; !,yg
;.3 1t is understood and agread t}iat pursuant to 4F;'L.009 and
°571..01 f. o£ the Tex.-t c; Health and Safety Cody:>, the County
Attorney for Kerr County is the attorney for the St.at.e in any
-^ herninq covererd by this agreement and therefore retains all of
the• in<7~•pendent discretionary authority given by the statutes
:and ron:;titutiun of the St.at.e of Texas. This agreement shall.
not to be• cone.truc~d to Limit that authority in any form ur
fashion ~;nd ttie deck>inn of the Cc,nnr_y Attorney is final as t.o
whether t;}te Stetrr will proceed in any act ionrovered by thi:;
Agreement, including .appeal, and .>s to the means and methods
employed.
Section 6. DUTIES OF COUNTY
f,, 01 ____ __. County agree:; and warrants that it will fol.luw
-- - ---
all appropriate statutory procedurr;>s and shall implement such
other procedures and training necessary to ensure that no
violation of thr-. ronstituti.onal rights of any proposed patient
or-curs, and th..tt. in seeking the commitment of the propo.^ed
patient nu pc^r~~on from _ __ __ County will be referred to
then Ken-villa ;:;teats Hospital unless the patient has been
Fval.u:,ted and examined by .r license=d physician; a r;ert_ificate
has l,eerr propexl~ issued; the patient has been warned of the
n,~n-confidential+ty nfi' the physician interview; and that all
other ner~essary sr.eps have been taken t.o assure that. the
propose=d Faatient':; constitutional and statutory rights have
been preserved.
,_ 6.02. Should any __ _ County resident. who was detained
under ttie aur,.}ror.ity of the emergency detention provisions
of. Chap±.er ~,/3 of the Code be found to be entitled to release,
_____ County sh._r1.L pay the r,osts of transporting that
person to the location of the person's apprehen_:ion, the
person's rr:sidernre, r>r t,no±;her suitable location, as required
by 573.029 of the Code.
6.03 _._,_ ___ County agrees to L>ay tv Kerr County the
following cost associated with any hearing conducted by Kerr
County Offir,ials as authori•z.ed under 462.005 (Chemical
Depen=lency) and 57]..07.8 {Mental Health):
For Chemical dependency rases:
a. f7ourt-appointed attorney fees;
b. Physi.c;ian Examination fee;,;
c. ^,ompen:>ation for language or sign interpreters;
d. Compensation for masters;
e. Rxp~t,ses to transport a patient to a hearing or to a
treatment faci:Liry.
PACE 509
For Mr~ntal Health cases:
a. Attorney F'ea~s;
h. Physician Examination fees;
r.. R«sasonaY~].e compensation to court-appointed attorneys,
physicians, Language interpreters, sign interpreters,
and masters appointed under subtitle C;
ri. Expenses of t.ransportar,ion to a department Mental
Health Faci.Lity or to a federal agency;
r:. Cauri- ordered independent p'>yc•hiatric evaluations and
court af,proved expenses incurred ire obtaining expert.
tr~:;timony, its aut.horizeri by ;74.010 of the Code.
For tell cases:
All other court cost, set by law, •KUd such other costs set
by order of the Kerr County Commissioners Court under
authority of law.
A]L costs authorized by law for appeals to a Texas Court
of appeals and to the Texas Supreme Court.
All. cost, including bonds, authorized or mandated by law
for any proceeding in Federal Court involving a
__ _______ County resident covered by this Agreement.
h, 04 _ _ ~_ Co~~nty agrees that it- shall he responsible for
obtaining repayment for its costs incurred pursuant t.o this
agreement from the: patient and/or t_he patient-_'s family or
estate. `_ __ County agrees further that failure on its
part to recover such payments shall h..zve no effect on it's
liability to Kerr County for such cocks.
Section 7. PAYMENTS
7.01 All bi]ls for costs shall be submitted to the County
Judge cif _ __ y_ County, Texas, ar the address he low and
all payments due under this agreement shall he paid ±o the
County C1?rk of Kerr County, Texas, 700 E. Main, Kerrville,
Texas. 78'A28.
Section 8. MISCELLANEOUS
8. N7 Any and all noticers which may be required
of thr~ Agreement sh,_t11 be mailed to the parties
adriresse: incliratcit below, or at such address as
mrty furni::h in writing to the other party herein
_^_-- Judge
_ ~_~_County, Texas
-- ~_-..___ .__.~~_ , Texas
PAGE, X10
under the terms
at the
either party
named:
Wi1J_iam 6. Stacy, Judge
Kerr County, Texas
Kerr County Courthouse
700 Rast Main 5t_re<-rt
Kerrville, Texas 7802E
8.02 This mgro-:ement <:ont•ains the entire AyreemF,nt of the
parties with resper,t to the matt.er:. rove red Y>y this Agreement,
No other agreement, statement, or promise made by any }>arty,
or to any r•mpl<ayecr, nffi+-ar, nr anent o£ any party, which is
t~otr.~~ntai.ned in thin Agreement shall be binding or valid,
8.03 Th~a of+li_gativn, and undertakings of each of r_he parties
to this agreement shall be perforrn~ible in Kerr County, T~rxas.
This Agreement w~~^-, adopted by the Commissioners Court of Kerr
County, Texas by Order Numbeor 22165, on the 25th day of July,
1994, ~tnd by the Commissioners Court of Kerr County, Texas, on
the 26tYt day of ~Juay 7994,
ATTEST:
/L;/ COUNTY CLF,RK
___ __ County, Texas
Dated J».ly 7.1, 7994
AFPRnVED:
/~/ DaviU Motley
/t/ David Motley
Kerr County Attorney
/s/ PATRZCIA DYE,
/T/ PAT DYF., COTJNTY CLF,RK
Kerr County, Texas
Date : ---~~,`__
/s/ W. G. Stacy,
/t/ W. G. STAGY, COUNTY JUDGE
KERF2 COUNTY, TEXAS
/ / Dt•an C. Myane
Blanco County Attorney
~(_ __ ___ County) st~inds for Guadalupe, Blanco, kcal,
Frio, Viotor.ia, Jack:;on ,and i;onzales County.