Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES
Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES
Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES
Division 2 - ADMISSION AND COMMITMENT
Section 2.255 - Criteria for Commitment and Regular Voluntary Admission of an Adult to a State MR Facility Under the PMRA
Universal Citation: 40 TX Admin Code § 2.255
Current through Reg. 50, No. 13; March 28, 2025
(a) In accordance with THSC, §§593.003, 593.052, and 593.041, an adult may be committed to a state MR facility for residential services only if:
(1) the adult is determined to have mental
retardation in accordance with § 415.155 of this title (relating to
Determination of Mental Retardation (DMR));
(2) the adult, because of mental retardation:
(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 adult's most basic personal physical needs;
(3) the adult cannot be adequately
and appropriately habilitated in an available, less restrictive
setting;
(4) the state MR facility
provides habilitative services, care, training, and treatment appropriate to
the adult's needs; and
(5) a report
by an IDT recommending the placement has been completed in accordance with
§ 412.264 of this title (relating to IDT Recommendation Concerning the
Commitment of an Adult or a Minor or the Regular Voluntary Admission of an
Adult to a State MR Facility Under the PMRA) during the six months preceding
the date of the commitment hearing.
(b) An adult with the capacity to give legally adequate consent may be admitted to a state MR facility under a regular voluntary admission for residential services only if:
(1) in accordance with THSC,
§§593.003, 593.013, and 593.026:
(A) the adult has been determined to have
mental retardation in accordance with § 415.155 of this title (relating to
Determination of Mental Retardation (DMR));
(B) a report by an MRA's IDT recommending the
placement has been completed in accordance with § 412.264 of this title
(relating to IDT Recommendation Concerning the Commitment of an Adult or a
Minor or the Regular Voluntary Admission of an Adult to a State MR Facility
Under the PMRA) during the six months preceding the request for
admission;
(C) the department
determines space is available in a state MR facility; and
(D) the facility superintendent determines
that the state MR facility provides services that meet the needs of the adult;
and
(2) the IDT report
referenced in paragraph (1)(B) of this subsection includes the following
findings:
(A) because of mental retardation,
the adult:
(i) represents a substantial risk
of physical impairment or injury to self or others; or
(ii) is unable to provide for and is not
providing for the adult's most basic personal physical needs;
(B) the adult cannot be adequately
and appropriately habilitated in an available, less restrictive setting;
and
(C) the state MR facility
provides habilitative services, care training and treatment appropriate to the
adult's needs.
(c) An adult 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 adult's most basic personal physical needs, as referenced in subsection (a)(2) and (b)(2)(A) of this section, if:
(1) the adult's IQ is four or more standard
deviations below the mean, (i.e., in the severe or profound range of mental
retardation);
(2) the adult's ICAP
service level equals:
(A) 1, 2, 3, or 4;
or
(B) 5 or 6 and the adult:
(i) has extraordinary medical needs that
would require direct nursing treatment for at least 180 minutes per week if the
adult'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 adult or others if the adult's caregiver were
not managing such incidents; or
(3) the adult meets other objective measures
as determined by the department.
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