ORDER NO. :_:i96U HUTHORIZING CUUNtY J'UD~t"": `tU RE'F'UIN'f R F'faRT-'I INE NRSTER l-O PRESIDE OVER 1='RUCEED:[N6S FOR COURT"-ORDERED NE.NTfaL HERLTH SERVICES On this 'the 9th day of R~_tgust 199'3, capon motion made by Gommissioner• vriffin, seconded by Commissioner Let z, the Court unanimously approved by a vote of 4-Z~-a, authorizing 'the (•rO U17ty J~_idge to appoint a Fart-~~t~ime blaster to preside over the proceedings for• r_ounty-ordered mental healtl-i services at the rate of %50 an ho~_ir, and further ratify the appointment of Robert Ft. Denson to serve on J~.~ly :_7th, 199`3, at the Kerrville State Hospital far a total time of 1 and 1/'~ ho~.irs at the r'a'te oi' R~iN.~O per• ho~_ir for• services, totaling ti7`3.4'~~ taken o~_~t of Line Ttem No. 10-4N1-4E16 Commissioners' Co~_irt Professional Services. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Fred Herne OFFICE: MEETING DATE: August 9, 1999 SUBJECT: (PLEASE BE SPECIFIC) County Jude TIME PREFERRED: Consider and discuss granting authority for the County Judge to appoint afull-time or part-time master to preside over the proceedings for court-ordered mental health services and ratify the appointment of Robert A. Denson for serving on July 27, 1999. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: County Jude Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Of&ce to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 5:00 P.M. previous Tuesday. MENTAL HEALTH AND MENTAL RETARDATION § 574.0085 Title 7 (c) If a patient is receiving temporary inpatient mental health services in a county other than the county that initiated the courtordered inpatient mental health services and the patient requires extended inpatient mental health services, the county in which the proceed- ings originated shall pay the expenses of transporting the patient back to the county for the hearing unless the court that entered the temporazy order arranges with the appmpriate rnurt in the county in which the patient is receiving services to hold the hearing on court- ordered extended inpatient mental health services before the original order expires. (d) If an order for outpatient services designates that such servirns be pmvided in a county other than the county in which the order was initiated, the court shall transfer the case to the appropriate court in the county in which the services aze being provided. That court shall thereafter have exclusive, continuing jurisdiction of the rase, including the receipt of the general treatment program required by Section 574.037(b). Amended by Acts 1995, 74th Leg., ch. 770, § 5, eff. dune 16, 1996. _ Historical and Statutory Notes 1993 Legislation Section 1 of AMs 1991, 72nd Leg., eh. 619 amended Vernone Ann.Civ.St. art. 554711 with- out reference to the repeal of Che article by Acts Notes of 2. Probate juriadicion Criminal district court whose fiiriadiction was confined to criminal matters had only derivadve mental health jurisdiction over iasanity acquiteea and could not lawfully hear original petition for 1991, 72nd Leg., ch. 76, § 19 [see italic note -in main volume]. Acts 1991, 72nd Leg., ch. 619 was repealed by Acts 1993, 73rd Leg., ch. 107, § 6b4(8). Decisions involuntary hospitalization. Roland v. State (App. 2 Dist. 1997) 951 S.W2d 169, rehearing overruled, review granted revenud 968 S.W.2d 367, petition for certiorari filed, wiNdrawn and superseded, pe- tition for discretionary review dismissed. ˘ 574.0085. Masters (a) The county judge may appoint afull-time or a parbtime master to preside over the proceedings for courtrordered mental health services if the commissioners court of a county in which the court has jurisdiction authorizes the employment of a master. (b) To be eligible for appointment as a master, a person must be a resident of this state and have been licensed to practice law in this state for at least four years or be a retired munty judge, statutory or constitutional, with at least 10 years of service. (c) A master shall be paid as determined by the commissioners court of the county in which the master serves. If a master serves in more than one county, the master shall be paid as determined by agreement of the commissioners trourts of the counties in which the master serves. The master may be paid from county funds available for payment of officers' salaries. (d) A master who serves a single court serves at the will of the judge of that court. The services of s master who serves more than two courts may be terminated by a majority vote of all the judges of the courts the master serves. The services of a master who serves two courts may be terminated by either of the judges of the courts the master serves. (e) To refer cases to a master, the referring court must issue an order of referral. The order of referral may limit the power or duties of a master. (fl Except as limited by an order of referral, masters appointed under this section have all the powers and duties set forth in Section 201.007, Family Code. (g) A bailiff may attend a hearing held by a master if directed by the referring court. (h) A witness appearing before a master is subject to the penalties for perjury provided by law. A referring court may issue attachment against and may Eros or imprison a witness whose fa0ure to appear before a master after being summoned or whose refusal to answer questions has been certified to the court. (i) At the rnncluaion of any hearing conducted by a master and on the prepazation of a master's report, the master shall transmit to the referring court a0 papers relating to Lhe case, with the master's signed and dated report. After the master's report has been signed, the master sha0 give to the parties participating m the hearing notice of the substance of the report. The master's report may contain the master's findings, conclusions, or recommenda- 257 Lt ~, e~ni~'i § 574.0085 MENTAL HEALTH AND MENTAL RETARDATION Title 7 lions. The master's report must be in writing in a form as the referring court may direct, The form may be a notation on the referring court's docket sheet. After the master's report ie filed, the referring court may adopt, approve, or reject the master's report, hear further evidence, or recommit the matter for, further proceedings as .the referring court considers proper and necessary in the particular circumstances of the case. (j) If a jury trial is demanded or required, the master shall refer the entire matter back to the referring court for trial. (k) A master appointed under this section has the judicial immunity of a county judge. (l) A master appointed in accordance with this section shall comply with the Code of Judicial Conduct in the same manner as the county judge. Added by Acts 1993, 73rd Leg., ch. 107, § &47, eff. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., eh. 770, § 6, eff. June 16, 1995; Acts 1997, 75th Leg., eh.'165, § 7.46, eff. Sept. 1, 1997. Historical and Statutory Notes Prior Lawe: Vernon's Ann.Civ.St art 5547~IU. Acts 1991, 72nd Leg., ch. 619, § 1. Acts 1993, 73rd Leg., ch. 107, § 6.&1(8). § 574.009. Requirement of Medical Examination [See main volume jor (a) to (c)) (d) If the certificates required under this section are not on file at the time set for the hearing on Ne application, the judge shall dismiss the application and order the immediate release of the proposed patient if that person is not at liberty. If extremely hazardous weather conditions exist or a disaster occurs, the presiding judge or magistrate may by written order made each day extend the period during which the two certificates of medical examination for mental illness may be filed, and the person may be detained until 4 p.m. on the first succeeding business day. The written order must declare that an emergency exists because of the weather or the occurrence of a disaster. Amended by Acts 1993, 73rd Leg., ch. 107, § 6.48, eH. Aug, 30, 1993. Historical and Statutory Notes 1993 Legislation ~ - Section 6 of Acts 1991, 72nd Leg., ch. 567 amended subset. (e) of Vernon's Am.Civ.St art. 5547x16 without reference to the repeat of the article by Acts 1991, 72nd Leg., ch. 76, § 19 (see italic note in main volume(. Acts 1991, 72nd Leg., ch. 567, § 6 was repealed by Acts 1993, 73rd Leg., ch 107, § 6.54(4). Notes of Decisions Certiticatea on file 5 require certificates of medical examination for mental iilnesa to be filed with motion, but two certificates moat be on fde at time of hearing; 5. Cert~catee on fde mental health code provides Nat hearing may not be held unless two certif~catea are on file and Article which requires court on motion of diairlet requires dismissal if certificates are not on fde at or eomty atmrney to hold hearing, prior to expira_ time of hearing. Weller v. State (App. 9 Diet Lion of iwoluntary commitment order does not 1997) 938 S.W2d 787. § 574.011. Certificate of Medical Examination for Mental Illness (a) A certificate of medical examination for mental illness must be sworn to, dated, and signed by the a=~min;ng physi˘(g˘, The certificate must include: (1) the name and address of the a=mining physician; (2) the name sad address of the person examined; (3) the date and place of the examination; (4) a brief diagnosis of the examined person's physical and mental condition; (5) the period, if any, during which the examined person has been under the care of the examining physician; 258 THE STATE OF TEXAS COUNTY OF KERR ORDER OF ASSIGNMENT BY THE PRESIDING COUNTY JUDGE Pursuant to Section 574.0085, Health and Safety Code, I hereby assign ROBERT A. DENSON to serve as Master for Court Ordered Mental Health Services in Kerr County, Texas. This assignment will begin on the 27`" day of July, 1999 and shall continue until terminated by Order of the Presiding Judge. CONDITIONS OF ASSIGNMENT: As specifically duetted, to hear all matters regazding Mental Health Services that would normally come before the County Judge. It is not reasonable or practicable to give notice ofthis assignment to each attorney representing parties to the cases likely to be heazd in whole or in part by the assigned Master; and under the circumstances time does not permit the giving of such notices. The County Clerk of Kerr County, Texas is ordered, upon receipt hereof, to post a copy of this order in a prominent place in the public azea of the Clerk's Office. This posting shall constitute "Notice of Assignment". ORDERED this 9`~ day of August, 1999, effective July 26`", 1999. .",, ,J)' t• '~ ,,. C~. a1~'~'1:ST: , :~'~ _; =+ S~~ ;-: ~. c'. etb~'i~per'.:- Kerr County Clerk Frederick L. Henneke, Presiding Judge Kerr County, Texas Faad~o.yaT~~ tio.~o ~ r/ JANNETT PIEPER, KERR CO. CLERK l1ME ~°7 ~` ~~ By' 'G ~~Pab IN THE COUNTY COURT OF KERR COUNTY, TEXAS DATE TIME 7/27/99 NDICIAL DUTIES AT THE KERRVILLE STATE HOSPITAL TOTAL TIME: 1 %: HOURS I hereby certify that the accounting of time in the herein styled cause is true and correct. Dated this ST" day of AUGUST , 1999. Signature ROBERT A. DENSON Printed Name ORDER IT IS ORDERED that Ken County pay the above named Court Appointed Master the amount of _ 75.00 . Signed this 5`" day of Auk, 1999. a, ~~~,~~ ~~s9~d MASTER TIME SHEET NDGE PRESIDING