Court Ordered Management

For Patient Referrers:

This page is part of the patient's pre-admission packet. Please print all of the "Patient Resources" portions of the website and provide the packet as a guide to explain TCID admissions to the patient and/or caregiver.

The Communicable Disease Prevention and Control Act is a comprehensive statute (codified as Chapter 81, Texas Health and Safety Code) that provides for numerous control measures which are available for use in protecting public health. When infectious individuals do not comply with the orders of the health authority, Subchapter G of Chapter 81 provides for court-ordered management of care.

The use of procedures involving court-ordered management of a person with a communicable disease is a cooperative effort between the public health entity charged with the control of these diseases and the city, county, or district attorney whose office represents the entity in legal matters. The Office of General Counsel of the Department of State Health Services works closely with these various attorneys, often providing de-identified copies of pleadings and completed forms for their use.   Procedural steps and most commonly used forms can be located below.

Health authorities and the Department of State Health Services, working with city, county, and district attorneys, may initiate these procedures to ensure the isolation and detention of non-compliant infectious persons.

Once non-compliance and a resulting threat to public health results in a decision to seek court-ordered management of a person's care, an affidavit of medical evaluation should be prepared by the health authority for use in the proceedings.

It is necessary to obtain participation from the State Commissioner of Health in each case involving temporary or extended court-ordered management of a person with a communicable disease. The Commissioner must concur with the Affidavit of Medical Evaluation and designate a suitable facility for providing appropriate examination, observation, isolation, and/or treatment. This process is expedited if handled through the DSHS Office of General Counsel instead of communicating directly with the Commissioner of Health. In this way, the Commissioner or the designee of the Commissioner can be alerted and appropriate Agency personnel can be notified.

Coordination of court-ordered Management of a Person with a Communicable Disease should be with:

Office of General Counsel
Department of State Health Services
1100 W. 49th Street
Austin, TX 78756


TCID Court Ordered Management Related Forms


State Court-Ordered Management Legal Forms