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 2.259 - Criteria for Commitment of a Minor to a State MR Facility Under the Texas Family Code
Universal Citation: 40 TX Admin Code § 2.259
Current through Reg. 50, No. 13; March 28, 2025
(a) In accordance with Texas Family Code, § 55.41 and § 55.60, a minor in the juvenile justice system may be committed to a state MR facility only if:
(1) the minor is found to be unfit to proceed
or to lack responsibility for the minor's actions pursuant to juvenile
charges;
(2) the minor is
determined to have mental retardation and the mental retardation is the reason
that the minor is unfit to proceed or that the minor lacks responsibility for
his actions;
(3) because of mental
retardation, 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;
(4) the minor cannot be adequately
and appropriately habilitated in an available, less restrictive setting;
and
(5) the state MR facility
provides habilitative services, care, training and treatment appropriate to the
minor's needs.
(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)(3) 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.
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