Current through Reg. 50, No. 13; March 28, 2025
(a) In accordance
with Texas Government Code §
546.0208 and §
546.0203, before a
minor may be committed to a residential care facility for residential services,
the CRCG or the LIDDA, if the minor resides in a county that is not served by a
CRCG, must fully inform the parent or guardian of all community-based services
and any other service and support options for which the minor may be eligible
and complete the permanency planning process, as described in §904.171 of
this chapter (relating to MRA and State MR Facility
Responsibilities).
(b) A minor
represents a substantial risk of physical impairment or injury to self or
others or is unable to provide for and is not providing for the minor's most
basic personal physical needs, as referenced in subsections (d)(2) and (e)(2)
of this section, if:
(1) the minor's IQ is
four or more standard deviations below the mean, (i.e., in the severe or
profound range of intellectual disability); or
(2) the minor's ICAP service level equals:
(B) 5 or 6 and the minor:
(i) has extraordinary medical needs that
would require direct nursing treatment for at least 180 minutes per week if the
minor's caregiver were not providing such treatment; or
(ii) exhibits incidents of dangerous behavior
that would require intensive staff intervention and resources to prevent
serious physical injury to the minor or others if the minor's caregiver were
not managing such incidents.
(c) A determination that a minor cannot be
adequately and appropriately habilitated in an available, less restrictive
setting, as referenced in subsections (d)(3) or (e)(3) of this section, may not
be made unless:
(1) a CRCG, or the LIDDA, if
the minor resides in a county that is not served by CRCG, held a staffing
concerning the minor and provided information to the minor's family about
available community supports that could serve as an alternative to admission of
the minor to a residential care facility;
(2) available community supports that could
serve as an alternative to admission of the minor to a residential care
facility were attempted; and
(3) if
there are indications that the minor may have a serious emotional disturbance,
the minor was assessed by a children's mental health professional to determine
if a serious emotional disturbance exists and services to address the serious
emotional disturbance were attempted.
(d) In accordance with THSC
§§593.003, 593.052, and 593.041, except as provided by subsection (e)
of this section, a minor may be committed to a residential care facility for
residential services only if:
(1) the minor
is determined to have an intellectual disability in accordance with §
304.401 of this title (relating to
Conducting a Determination of Intellectual Disability);
(2) the minor, because of an intellectual
disability:
(A) represents a substantial risk
of physical impairment or injury to self or others; or
(B) is unable to provide for and is not
providing for the minor's most basic personal physical
needs;
(3) the minor
cannot be adequately and appropriately habilitated in an available, less
restrictive setting;
(4) the
residential care facility provides habilitative services, care, training, and
treatment appropriate to the minor's needs;
(5) a report by a LIDDA's IDT recommending
the placement has been completed in accordance with §
904.43 of this subchapter
(relating to LIDDA IDT Recommendation Concerning the Commitment of an Adult or
a Minor or the Regular Voluntary Admission of an Adult to a Residential Care
Facility Under the PIDA) during the six months preceding the date of the
commitment hearing; and
(6) the
court determines beyond a reasonable doubt that the minor meets the
requirements of subsection (c) of this section and paragraphs (1), (2)(A) or
(2)(B), (3), and (4) of this subsection.
(e) In accordance with THSC
§§593.003, 593.041, 593.0511 and 593.052, a minor may be committed to
a residential care facility for residential services without an IDT
recommendation only if:
(1) the minor is
determined to have an intellectual disability in accordance with §
304.401 of this title;
(2) the parent of a minor petitions the court
to issue a commitment order and shows, because of an intellectual disability,
the minor:
(A) represents a substantial risk
of physical impairment or injury to self or others; or
(B) is unable to provide for and is not
providing for the minor's most basic personal physical
needs;
(3) the minor
cannot be adequately and appropriately habilitated in an available, less
restrictive setting;
(4) the
residential care facility provides habilitative services, care, training, and
treatment appropriate to the minor's needs; and
(5) the court determines beyond a reasonable
doubt that the minor meets the requirements of subsection (c) of this section
and paragraphs (1), (2)(A) or (2)(B), (3), and (4) of this
subsection.
(f) In
accordance with THSC §593.056, a party to a commitment proceeding under
subsections (d) or (e) of this section has the right to appeal the judgment to
the appropriate court of appeals.
(1) The
Texas Rules of Civil Procedure apply to an appeal under this section.
(2) An appeal under this section shall be
given a preference setting.
(3) The
county court may grant a stay of commitment pending the outcome of the
appeal.