Courts may authorize mental-health facilities to serve legal papers

A court may authorize an employee of a screening or evaluation agency to personally serve required legal documents. This applies when a proposed patient is admitted to a licensed screening or evaluation agency when a petition for court-ordered evaluation or treatment is filed. The court must authorize the agency employee before that employee serves the documents. The documents must be those required for the applicable evaluation or treatment proceeding. The proposed patient must be admitted to the licensed facility at the time the petition is filed.

A county, city, or town that employs peace officers may contract with qualified process servers or mental-health agencies to serve the required documents instead of using a peace officer. This covers service in proceedings under the mental-health chapter, including petitions for court-ordered evaluation or treatment. A contract is required. The alternative server must be a process server, a person authorized under civil procedure rules, a screening agency, or an evaluation agency.

A screening or evaluation agency is not financially responsible for service required under the general service rule and may receive payment only through a county contract. This applies to agencies serving documents required for involuntary evaluation or court-ordered treatment proceedings. An agency may receive reimbursement for service only when a county contract provides for it. The text does not require an agency to pay for service under the general service rule.