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    Texas Center for Infectious Disease
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    San Antonio, Texas 78223

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Court Ordered Management

For Patient Referrers:

This page is part of the patient's pre-admission packet. Please print all of the "Patient Resources" portion of the web site and provide the packet as a guide to explain admission to TCID 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) which provides for numerous control measures which are available for use in protecting the 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 the 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 insure the isolation and detention of non-compliant infectious persons.

Once non-compliance and a resulting threat to the 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 by 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 in 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 appropriated Agency personnel can be notified.

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

Department of State Health Services
1100 W. 49th Street
Austin, Texas 78756
(512) 458-7236

Court Ordered Management Forms

Below are the most commonly used Court Ordered Management Forms.  Click on the link corresponding to the form you wish to view. 

Court Ordered Management Forms

TCID Court Ordered Management Related Forms

State Court Ordered Managment Legal Forms

Last updated April 4, 2019