In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-13-00025-CV
THE STATE OF TEXAS FOR THE BEST INTEREST
AND PROTECTION OF J.G.
On Appeal from the County Court at Law
Cherokee County, Texas
Trial Court No. 40080
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
J.G. appeals a trial court’s order 1 authorizing the administration of psychoactive drugs
based on his physician’s application. The trial court may enter an order authorizing the
administration of psychoactive medication if the patient is under a court order to receive mental
health services. See TEX. HEALTH & SAFETY CODE ANN. § 574.106(a)(1) (West 2010). In a
separate appeal filed in cause number 06-13-00022-CV, J.G. argued that the trial court’s order
for inpatient extended mental health services, upon which the order authorizing the
administration of psychoactive drugs was based, was not supported by sufficient evidence.
Therefore, he argues that the order authorizing administration of psychoactive medication is
likewise invalid. We agree.
In cause number 06-13-00022-CV, we found that the State failed to meet its burden to
prove that J.G. met the requirements of Section 574.035 by clear and convincing evidence. See
TEX. HEALTH & SAFETY CODE ANN. § 574.035 (West Supp. 2012). The order authorizing his
involuntary commitment to extended mental health treatment was reversed. Accordingly,
because J.G. is not under court order to receive mental health services, the order authorizing
administration of psychoactive medication is also invalid.
1
Originally appealed to the Twelfth Court of Appeals, this case was transferred to this Court by the Texas
Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001 (West
2013). We are unaware of any conflict between precedent of the Twelfth Court of Appeals and that of
this Court on any relevant issue. See TEX. R. APP. P. 41.3.
2
We reverse the trial court’s judgment granting the application to administer psychoactive
medication and render judgment denying that application.
Josh R. Morriss, III
Chief Justice
Date Submitted: April 29, 2013
Date Decided: May 2, 2013
3
State
Combined Opinion