Sec. 574.028. RELEASE FROM DETENTION. (a) The magistrate or associate judge shall order the release of a person under a protective custody order if the magistrate or associate judge determines after the hearing under Section 574.025 that no probable cause exists to believe that the proposed patient presents a substantial risk of serious harm to himself or others. (b) Arrangements shall be made to return a person released under Subsection (a) to: (1) the location of the person's apprehension; (2) the person's residence in this state; or (3) another suitable location. (c) A facility administrator shall discharge a person held under a protective custody order if: (1) the facility administrator does not receive notice that the person's continued detention is authorized after a probable cause hearing held within 72 hours after the detention began, excluding Saturdays, Sundays, legal holidays, and the period prescribed by Section 574.025 (b) for extreme emergencies; (2) a final order for court-ordered mental health services has not been entered within the time prescribed by Section 574.005 ; or (3) the facility administrator or the administrator's designee determines that the person no longer meets the criteria for protective custody prescribed by Section 574.022 .
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