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 5 - DISCHARGE
Section 2.280 - Administrative Discharges Initiated by a State MR Facility
Universal Citation: 40 TX Admin Code § 2.280
Current through Reg. 50, No. 13; March 28, 2025
(a) A state MR facility may discharge an individual who has been admitted or committed to a state MR facility if:
(1) the individual is determined as a result
of a DMR conducted in accordance with § 415.155 of this title (relating to
Determination of Mental Retardation (DMR)) to not have mental
retardation;
(2) the individual has
been listed as an unauthorized departure for at least 30 calendar days and
attempts to locate the individual have been unsuccessful; or
(3) the individual with the ability to
provide legally adequate consent or with an LAR moves from the state MR
facility against staff advice.
(b) The state MR facility will notify the individual or LAR of a proposed discharge at least 31 calendar days prior to the date of the proposed discharge.
(1) If
the proposed discharge is because the individual is determined not to have
mental retardation, as described in subsection (a)(1) of this section, the
notice will specify that the individual or LAR has the right to request an
administrative hearing to contest the findings of the DMR in accordance with
§ 414.155 of this title (relating to Notice).
(2) If the proposed discharge is because the
individual has been listed as an unauthorized departure as described in
subsection (a)(2) of this section or individual is leaving the state MR
Facility against staff advice as described in (a)(3) of this section, the
notice will specify that the individual or LAR has the right to request an
administrative hearing to contest the proposed discharge in accordance with
§ 414.155 of this title (relating to Notice).
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