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 2.257 - Criteria for Commitment of a Minor to a State MR Facility Under the PMRA
Universal Citation: 40 TX Admin Code § 2.257
Current through Reg. 50, No. 13; March 28, 2025
(a) In accordance with THSC, §§593.003, 593.052, and 593.041, a minor may be committed to a state MR facility for residential services only if:
(1) the minor is determined to have mental
retardation in accordance with § 415.155 of this title (relating to
Determination of Mental Retardation (DMR));
(2) the minor, 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 minor's most basic personal physical needs;
(3) the minor 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 minor's needs; and
(5) 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 date of the commitment hearing.
(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 subsection (a)(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 mental
retardation);
(2) the minor's ICAP
service level equals:
(A) 1, 2, 3, or 4;
or
(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; or
(3) the minor meets other objective measures
as determined by the department.
(c) A determination that a minor cannot be adequately and appropriately habilitated in an available, less restrictive setting, as referenced in subsection (a)(3) of this section, may not be made unless:
(1) a 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 state MR facility;
(2)
available community supports that could serve as an alternative to admission of
the minor to a state MR 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.
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