State
14-15-00362-CV
| Tex. App. | May 21, 2015Background
- Proceeding is an accelerated appeal from an order for temporary inpatient mental health services issued by a Texas trial court.
- The court designated Oakbend Medical Center, Senior Care Unit, as the private facility for the patient’s temporary commitment.
- The designation occurred without two statutorily required documents being received by the court under Tex. Health & Safety Code § 574.042.
- The required documents are (1) an application signed by the patient or guardian/next friend and (2) written agreement from the private facility’s administrator to admit and accept responsibility.
- The applicant’s signature on the filed application was by Rebecca Johnson, daughter of the patient, not a court-appointed guardian or next friend, and there was no written administrator’s agreement.
- The hospital Oakbend was not a party to the proceeding, raising questions of personal jurisdiction and improper binding of the facility to treatment orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by designating a private facility without the statutorily required documents. | Two documents required by § 574.042 were not received. | The documents presented do not satisfy the statutory requirements (Johnson not guardian/next friend; no administrator’s written agreement). | Yes; designation without the documents was error. |
| Whether the error is reversible and subject to reversal on appeal. | The issue was preserved and the wrongful designation caused an improper judgment. | Not explicitly stated, but the State would argue proper designation or harmless error. | Yes; error is reversible and warrants reversal of the designation. |
Key Cases Cited
- Gen. Agents Ins. Co. of Am., Inc. v. El Naggar, 340 S.W.3d 552 (Tex.App.–Houston [14th Dist.] 2011) (granting relief when an order implicitly denied a cross-motion; preserved error standard for appeals)
- Marathon Corp. v. Pitzner, 106 S.W.3d 724 (Tex. 2003) (no evidence standard; complete absence of vital fact)
- In re Green Oaks Hosp. Subsidiary, L.P., 297 S.W.3d 452 (Tex.App.–Dallas 2009, orig. proceeding) (hospital treated under orders not party to proceedings; appearance issues)
- Salinas v. Rafati, 948 S.W.2d 286 (Tex. 1997) (preservation of error; cross-motions can implicitly deny)
- Saldarriaga v. Saldarriaga, 121 S.W.3d 493 (Tex.App.–Austin 2003) (appointment of guardian/next friend; required procedural steps)