Texas Health And Safety Code Title 7, Chapter 593 - Admission And Commitment To Intellectual Disability Services
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 593.001 - Admission
A person may be admitted for intellectual disability services offered by the department or a community center, admitted voluntarily to a residential care program, or...
- Texas Section 593.002 - Consent Required
(a) Except as provided by Subsection (b), the department or a community center may not provide intellectual disability services to a client without the client's...
- Texas Section 593.003 - Requirement Of Determination Of An Intellectual Disability
Except as provided by Sections 593.027, 593.0275, and 593.028, a person is not eligible to receive intellectual disability services unless the person first is determined...
- Texas Section 593.004 - Application For Determination Of An Intellectual Disability
(a) In this section, "authorized provider" means: (1) a physician licensed to practice in this state; (2) a psychologist licensed to practice in this state;...
- Texas Section 593.005 - Determination Of An Intellectual Disability
(a) In this section, "authorized provider" has the meaning assigned by Section 593.004. (a-1) An authorized provider shall perform the determination of an intellectual disability....
- Texas Section 593.006 - Report
A person who files an application for a determination of an intellectual disability under Section 593.004 shall be promptly notified in writing of the findings....
- Texas Section 593.007 - Notification Of Certain Rights
The department shall inform the person who filed an application for a determination of an intellectual disability of the person's right to: (1) an independent...
- Texas Section 593.008 - Administrative Hearing
(a) The proposed client and contestant by right may: (1) have a public hearing unless the proposed client or contestant requests a closed hearing; (2)...
- Texas Section 593.009 - Hearing Report; Final Decision
(a) After each hearing, the hearing officer shall promptly report to the parties in writing the officer's decision, findings of fact, and the reasons for...
- Texas Section 593.010 - Appeal
(a) A party to a hearing may appeal the hearing officer's decision without filing a motion for rehearing with the hearing officer. (b) Venue for...
- Texas Section 593.011 - Fees For Services
(a) The department shall charge reasonable fees to cover the costs of services provided to nonindigent persons. (b) The department shall provide services free of...
- Texas Section 593.012 - Absent Without Authority
(a) The director of a residential care facility to which a client has been admitted for court-ordered care and treatment may have a client who...
- Texas Section 593.013 - Requirement Of Interdisciplinary Team Recommendation
(a) A person may not be admitted or committed to a residential care facility unless an interdisciplinary team recommends that placement. (b) An interdisciplinary team...
SUBCHAPTER B APPLICATION AND ADMISSION TO VOLUNTARY INTELLECTUAL DISABILITY SERVICES
- Texas Section 593.014 - Epilepsy
A person may not be denied admission to a residential care facility because the person suffers from epilepsy. Added by Acts 1991, 72nd Leg., ch....
- Texas Section 593.021 - Application For Voluntary Services
(a) The proposed client or the parent if the proposed client is a minor may apply for voluntary intellectual disability services under Section 593.022, 593.026,...
- Texas Section 593.022 - Admission To Voluntary Intellectual Disability Services
(a) An eligible person who applies for intellectual disability services may be admitted as soon as appropriate services are available. (b) The department facility or...
- Texas Section 593.023 - Rules Relating To Planning Of Services Or Treatment
(a) The executive commissioner by rule shall develop and adopt procedures permitting a client, a parent if the client is a minor, or a guardian...
- Texas Section 593.024 - Application For Voluntary Residential Care Services
(a) An application for voluntary admission to a residential care facility must be made according to department rules and contain a statement of the reasons...
- Texas Section 593.025 - Placement Preference
Preference for requested, voluntary placement in a residential care facility shall be given to the facility located nearest the residence of the proposed resident, unless...
- Texas Section 593.026 - Regular Voluntary Admission
A regular voluntary admission is permitted if: (1) space is available at the facility for which placement is requested; and (2) the facility director determines...
- Texas Section 593.027 - Emergency Admission
(a) An emergency admission to a residential care facility is permitted without a determination of an intellectual disability and an interdisciplinary team recommendation if: (1)...
- Texas Section 593.0275 - Emergency Services
(a) A person may receive emergency services without a determination of an intellectual disability if: (1) there is persuasive evidence that the person is a...
- Texas Section 593.028 - Respite Care
(a) A person may be admitted to a residential care facility for respite care without a determination of an intellectual disability and interdisciplinary team recommendation...
- Texas Section 593.029 - Treatment Of Minor Who Reaches Majority
When a facility resident who is voluntarily admitted as a minor approaches 18 years of age and continues to be in need of residential services,...
SUBCHAPTER C COMMITMENT TO RESIDENTIAL CARE FACILITY
- Texas Section 593.030 - Withdrawal From Services
A resident voluntarily admitted to a residential care facility may not be detained more than 96 hours after the time the resident, the resident's parents...
- Texas Section 593.041 - Application For Placement; Jurisdiction
(a) A proposed resident, if an adult, a parent if the proposed resident is a minor, the guardian of the person, the court, or any...
- Texas Section 593.042 - Form Of Application
(a) An application for commitment of a person to a residential care facility must: (1) be executed under oath; and (2) include: (A) the name,...
- Texas Section 593.043 - Representation By Counsel; Appointment Of Attorney
(a) The proposed resident shall be represented by an attorney who shall represent the rights and legal interests of the proposed resident without regard to...
- Texas Section 593.044 - Order For Protective Custody
(a) The court in which an application for a hearing is filed may order the proposed resident taken into protective custody if the court determines...
- Texas Section 593.045 - Detention In Protective Custody
(a) A person under a protective custody order may be detained for not more than 20 days after the date on which custody begins pending...
- Texas Section 593.046 - Release From Protective Custody
(a) The administrator of a facility in which a person is held in protective custody shall discharge the person not later than the 20th day...
- Texas Section 593.047 - Setting On Application
On the filing of an application the court shall immediately set the earliest practicable date for a hearing to determine the appropriateness of the proposed...
- Texas Section 593.048 - Hearing Notice
(a) Not later than the 11th day before the date set for the hearing, a copy of the application, notice of the time and place...
- Texas Section 593.049 - Hearing Before Jury; Procedure
(a) On request of a party to the proceedings, or on the court's own motion, the hearing shall be before a jury. (b) The Texas...
- Texas Section 593.050 - Conduct Of Hearing
(a) The hearing must be open to the public unless the proposed resident or the resident's representative requests that the hearing be closed and the...
- Texas Section 593.051 - Dismissal After Hearing
If long-term placement in a residential care facility is not found to be appropriate, the court shall enter a finding to that effect, dismiss the...
- Texas Section 593.052 - Order For Commitment
(a) A proposed resident may not be committed to a residential care facility unless: (1) the proposed resident is a person with an intellectual disability;...
- Texas Section 593.053 - Decision
The court in each case shall promptly report in writing the decision and findings of fact. Added by Acts 1991, 72nd Leg., ch. 76, Sec....
- Texas Section 593.054 - Not A Judgment Of Incompetence
An order for commitment is not an adjudication of mental incompetency. Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
- Texas Section 593.055 - Designation Of Facility
If placement in a residential facility is necessary, preference shall be given to the facility nearest to the residence of the proposed resident unless: (1)...
SUBCHAPTER D FEES
- Texas Section 593.056 - Appeal
(a) A party to a commitment proceeding has the right to appeal the judgment to the appropriate court of appeals. (b) The Texas Rules of...
- Texas Section 593.071 - Application Of Subchapter
This subchapter applies only to a resident admitted to a residential care facility operated by the department. Added by Acts 1991, 72nd Leg., ch. 76,...
- Texas Section 593.072 - Inability To Pay
A resident may not be denied residential care because of an inability to pay for the care. Added by Acts 1991, 72nd Leg., ch. 76,...
- Texas Section 593.073 - Determination Of Residential Costs
The executive commissioner by rule may determine the cost of support, maintenance, and treatment of a resident. Added by Acts 1991, 72nd Leg., ch. 76,...
- Texas Section 593.074 - Maximum Fees
(a) Except as provided by this section, the department may not charge for a resident total fees from all sources that exceed the cost to...
- Texas Section 593.075 - Sliding Fee Schedule
(a) The executive commissioner by rule shall establish a sliding fee schedule for the payment by the resident's parents of the state's total costs for...
- Texas Section 593.076 - Fee Schedule For Divorced Parents
(a) If the parents of a resident younger than 18 years of age are divorced, the fee charged each parent for the cost of the...
- Texas Section 593.077 - Child Support Payments For Benefit Of Resident
(a) Child support payments for the benefit of a resident paid or owed by a parent under court order are considered the property and estate...
- Texas Section 593.078 - Payment For Adult Residents
(a) A parent of a resident who is 18 years of age or older is not required to pay for the resident's support, maintenance, and...
- Texas Section 593.080 - State Claims For Unpaid Fees
(a) Unpaid charges accruing after January 1, 1978, and owed by a parent for the support, maintenance, and treatment of a resident are a claim...
- Texas Section 593.081 - Trust Exemption
(a) If the resident is the beneficiary of a trust that has an aggregate principal of $250,000 or less, the corpus or income of the...
SUBCHAPTER E ADMISSION AND COMMITMENT UNDER PRIOR LAW
- Texas Section 593.082 - Filing Of Claims
(a) In this section: (1) "Person responsible for a resident" means the resident, a person liable for the support of the resident, or both. (2)...
- Texas Section 593.091 - Admission And Commitment
A resident admitted or committed to a department residential care facility under law in force before January 1, 1978, may remain in the facility until:...
- Texas Section 593.092 - Discharge Of Person Voluntarily Admitted To Residential Care Facility
(a) Except as otherwise provided, a resident voluntarily admitted to a residential care facility under a law in force before January 1, 1978, shall be...
- Texas Section 593.093 - Reimbursement To County
(a) The state shall reimburse a county an amount not to exceed $50 for the cost of a hearing held by the county court to...
Last modified: September 28, 2016