CHAPTER 593. ADMISSION AND COMMITMENT TO MENTAL RETARDATION SERVICES
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
SUBTITLE D. PERSONS WITH MENTAL RETARDATION ACT
CHAPTER 593. ADMISSION AND COMMITMENT TO MENTAL RETARDATION
SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 593.001. ADMISSION. A person may be admitted for mental
retardation services offered by the department or a community
center, admitted voluntarily to a residential care program, or
committed to a residential care facility, only as provided by
this chapter.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 593.002. CONSENT REQUIRED. (a) Except as provided by
Subsection (b), the department or a community center may not
provide mental retardation services to a client without the
client's legally adequate consent.
(b) The department or community center may provide
nonresidential mental retardation services, including a
determination of mental retardation, to a client without the
client's legally adequate consent if the department or community
center has made all reasonable efforts to obtain consent.
(c) The board by rule shall prescribe the efforts to obtain
consent that are reasonable and the documentation for those
efforts.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 5, eff. Sept.
1, 1993.
Sec. 593.003. REQUIREMENT OF DETERMINATION OF MENTAL
RETARDATION. (a) Except as provided by Sections 593.027,
593.0275, and 593.028, a person is not eligible to receive mental
retardation services unless the person first is determined to
have mental retardation.
(b) This section does not apply to an eligible child with a
developmental disability receiving services under Subchapter A,
Chapter 535.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 6, eff. Sept.
1, 1993.
Sec. 593.004. APPLICATION FOR DETERMINATION OF MENTAL
RETARDATION. A person believed to be a person with mental
retardation, the parent if the person is a minor, or the guardian
of the person may make written application to the department, a
community center, a physician, or a psychologist licensed to
practice in this state or certified by the department for a
determination of mental retardation using forms provided by the
department.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 6, eff. Sept.
1, 1993.
Sec. 593.005. DETERMINATION OF MENTAL RETARDATION. (a) A
physician or psychologist licensed to practice in this state or
certified by the department shall perform the determination of
mental retardation. The department may charge a reasonable fee
for certifying a psychologist.
(b) The physician or psychologist shall base the determination
on an interview with the person and on a professional assessment
that, at a minimum, includes:
(1) a measure of the person's intellectual functioning;
(2) a determination of the person's adaptive behavior level; and
(3) evidence of origination during the person's developmental
period.
(c) The physician or psychologist may use a previous assessment,
social history, or relevant record from a school district, public
or private agency, or another physician or psychologist if the
physician or psychologist determines that the assessment, social
history, or record is valid.
(d) If the person is indigent, the determination of mental
retardation shall be performed at the department's expense by a
physician or psychologist licensed in this state or certified by
the department.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 6, eff. Sept.
1, 1993.
Sec. 593.006. REPORT. A person who files an application for a
determination of mental retardation under Section 593.004 shall
be promptly notified in writing of the findings.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 6, eff. Sept.
1, 1993.
Sec. 593.007. NOTIFICATION OF CERTAIN RIGHTS. The department
shall inform the person who filed an application for a
determination of mental retardation of the person's right to:
(1) an independent determination of mental retardation under
Section 592.020; and
(2) an administrative hearing under Section 593.008 by the
agency that conducted the determination of mental retardation to
contest the findings.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 6, eff. Sept.
1, 1993.
Sec. 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) be present at the hearing; and
(3) be represented at the hearing by a person of their choosing,
including legal counsel.
(b) The proposed client, contestant, and their respective
representative by right may:
(1) have reasonable access at a reasonable time before the
hearing to any records concerning the proposed client relevant to
the proposed action;
(2) present oral or written testimony and evidence, including
the results of an independent determination of mental
retardation; and
(3) examine witnesses.
(c) The hearing shall be held:
(1) as soon as possible, but not later than the 30th day after
the date of the request;
(2) in a convenient location; and
(3) after reasonable notice.
(d) Any interested person may appear and give oral or written
testimony.
(e) The board by rule shall implement the hearing procedures.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 7, eff. Sept.
1, 1993.
Sec. 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 those findings.
(b) The hearing officer's decision is final on the 31st day
after the date on which the decision is reported unless a party
files an appeal within that period.
(c) The filing of an appeal suspends the hearing officer's
decision, and a party may not take action on the decision.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 the appeal is in the county court of Travis County
or the county in which the proposed client resides.
(c) The appeal is by trial de novo.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 charge to
indigent persons.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 593.012. ABSENT WITHOUT AUTHORITY. (a) The superintendent
of a residential care facility to which a client has been
admitted for court-ordered care and treatment may have a client
who is absent without authority taken into custody, detained, and
returned to the facility by issuing a certificate to a law
enforcement agency of the municipality or county in which the
facility is located or by obtaining a court order issued by a
magistrate in the manner prescribed by Section 574.083.
(b) The client shall be returned to the residential care
facility in accordance with the procedures prescribed by Section
574.083.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1999, 76th Leg., ch. 1016, Sec. 2, eff.
June 18, 1999; Acts 1999, 76th Leg., ch. 1187, Sec. 20, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1006, Sec. 2, eff. Sept.
1, 2001.
Sec. 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 shall:
(1) interview the person with mental retardation, the person's
parent if the person is a minor, and the person's guardian;
(2) review the person's:
(A) social and medical history;
(B) medical assessment, which shall include an audiological,
neurological, and vision screening;
(C) psychological and social assessment; and
(D) determination of adaptive behavior level;
(3) determine the person's need for additional assessments,
including educational and vocational assessments;
(4) obtain any additional assessment necessary to plan services;
(5) identify the person's habilitation and service preferences
and needs; and
(6) recommend services to address the person's needs that
consider the person's preferences.
(c) The interdisciplinary team shall give the person, the
person's parent if the person is a minor, and the person's
guardian an opportunity to participate in team meetings.
(d) The interdisciplinary team may use a previous assessment,
social history, or other relevant record from a school district,
public or private agency, or appropriate professional if the
interdisciplinary team determines that the assessment, social
history, or record is valid.
(e) The interdisciplinary team shall prepare a written report of
its findings and recommendations that is signed by each team
member and shall promptly send a copy of the report and
recommendations to the person, the person's parent if the person
is a minor, and the person's guardian.
(f) If the court has ordered the interdisciplinary team report
and recommendations under Section 593.041, the team shall
promptly send a copy of the report and recommendations to the
court, the person with mental retardation or the person's legal
representative, the person's parent if the person is a minor, and
the person's guardian.
Added by Acts 1993, 73rd Leg., ch. 60, Sec. 8, eff. Sept. 1,
1993.
SUBCHAPTER B. APPLICATION AND ADMISSION TO VOLUNTARY MENTAL
RETARDATION SERVICES
Sec. 593.021. APPLICATION FOR VOLUNTARY SERVICES. (a) The
proposed client or the parent if the proposed client is a minor
may apply for voluntary mental retardation services under Section
593.022, 593.026, 593.027, 593.0275, or 593.028.
(b) The guardian of the proposed client may apply for services
under this subchapter under Section 593.022, 593.027, 593.0275,
or 593.028.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 9, eff. Sept.
1, 1993; Acts 1997, 75th Leg., ch. 809, Sec. 1, eff. Sept. 1,
1997.
Sec. 593.022. ADMISSION TO VOLUNTARY MENTAL RETARDATION
SERVICES. (a) An eligible person who applies for mental
retardation services may be admitted as soon as appropriate
services are available.
(b) The department facility or community center shall develop a
plan for appropriate programs or placement in programs or
facilities approved or operated by the department.
(c) The programs or placement must be suited to the needs of the
proposed client and consistent with the rights guaranteed by
Chapter 592.
(d) The proposed client, the parent if the client is a minor,
and the client's guardian shall be encouraged and permitted to
participate in the development of the planned programs or
placement.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 593.023. RULES RELATING TO PLANNING OF SERVICES OR
TREATMENT. (a) The board by rule shall develop and adopt
procedures permitting a client, a parent if the client is a
minor, or a guardian of the person to participate in planning the
client's treatment and habilitation, including a decision to
recommend or place a client in an alternative setting.
(b) The procedures must inform clients, parents, and guardians
of the due process provisions of Sections 594.015-594.017,
including the right to an administrative hearing and judicial
review in county court of a proposed transfer or discharge.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 for which placement
is requested.
(b) Voluntary admission includes regular voluntary admission,
emergency admission, and respite care.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 there is a compelling reason for placement
elsewhere.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 superintendent determines that the facility
provides services that meet the needs of the proposed resident.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 593.027. EMERGENCY ADMISSION. (a) An emergency admission
to a residential care facility is permitted without a
determination of mental retardation and an interdisciplinary team
recommendation if:
(1) there is persuasive evidence that the proposed resident is a
person with mental retardation;
(2) space is available at the facility for which placement is
requested;
(3) the proposed resident has an urgent need for services that
the facility superintendent determines the facility provides; and
(4) the facility can provide relief for the urgent need within a
year after admission.
(b) A determination of mental retardation and an
interdisciplinary team recommendation for the person admitted
under this section shall be performed within 30 days after the
date of admission.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 9, eff. Sept.
1, 1993.
Sec. 593.0275. EMERGENCY SERVICES. (a) A person may receive
emergency services without a determination of mental retardation
if:
(1) there is persuasive evidence that the person is a person
with mental retardation;
(2) emergency services are available; and
(3) the person has an urgent need for emergency services.
(b) A determination of mental retardation for the person served
under this section shall be performed within 30 days after the
date the services begin.
Added by Acts 1993, 73rd Leg., ch. 60, Sec. 10, eff. Sept. 1,
1993.
Sec. 593.028. RESPITE CARE. (a) A person may be admitted to a
residential care facility for respite care without a
determination of mental retardation and interdisciplinary team
recommendation if:
(1) there is persuasive evidence that the proposed resident is a
person with mental retardation;
(2) space is available at the facility for which respite care is
requested;
(3) the facility superintendent determines that the facility
provides services that meet the needs of the proposed resident;
and
(4) the proposed resident or the proposed resident's family
urgently requires assistance or relief that can be provided
within a period not to exceed 30 consecutive days after the date
of admission.
(b) If the relief sought by the proposed resident or the
proposed resident's family has not been provided within 30 days,
one 30-day extension may be allowed if:
(1) the facility superintendent determines that the relief may
be provided in the additional period; and
(2) the parties agreeing to the original placement consent to
the extension.
(c) If an extension is not granted the resident shall be
released immediately and may apply for other services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 11, eff.
Sept. 1, 1993.
Sec. 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, the superintendent shall ensure that when
the resident becomes an adult:
(1) the resident's legally adequate consent for admission to the
facility is obtained from the resident or the guardian of the
person; or
(2) an application is filed for court commitment under
Subchapter C.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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
if the resident is a minor, or the guardian of the resident's
person requests discharge of the resident as provided by
department rules, unless:
(1) the facility superintendent determines that the resident's
condition or other circumstances are such that the resident
cannot be discharged without endangering the safety of the
resident or the general public;
(2) the superintendent files an application for judicial
commitment under Section 593.041; and
(3) a court issues a protective custody order under Section
593.044 pending a final determination on the application.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
SUBCHAPTER C. COMMITMENT TO RESIDENTIAL CARE FACILITY
Sec. 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 other
interested person, including a community center or agency that
conducted a determination of mental retardation of the proposed
resident, may file an application for an interdisciplinary team
report and recommendation that the proposed client is in need of
long-term placement in a residential care facility.
(b) Except as provided by Subsection (e), the application must
be filed with the county clerk in the county in which the
proposed resident resides. If the superintendent of a residential
care facility files an application for judicial commitment of a
voluntary resident, the county in which the facility is located
is considered the resident's county of residence.
(c) The county court has original jurisdiction of all judicial
proceedings for commitment of a person with mental retardation to
residential care facilities.
(d) A person may not be committed to the department for
placement in a residential care facility under this subchapter
unless a report by an interdisciplinary team recommending the
placement has been completed during the six months preceding the
date of the court hearing on the application. If the report and
recommendations have not been completed or revised during that
period, the court shall order the report and recommendations on
receiving the application.
(e) An application in which the proposed patient is a child in
the custody of the Texas Youth Commission may be filed in the
county in which the child's commitment to the commission was
ordered.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 12, eff.
Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1086, Sec. 39, eff. June
19, 1997.
Sec. 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, birth date, sex, and address of the proposed
resident;
(B) the name and address of the proposed resident's parent or
guardian, if applicable;
(C) a short, plain statement of the facts demonstrating that
commitment to a facility is necessary and appropriate; and
(D) a short, plain statement explaining the inappropriateness of
admission to less restrictive services.
(b) If the report required under Section 593.013 is completed, a
copy must be included in the application.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 13, eff.
Sept. 1, 1993.
Sec. 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 who initiates the
proceedings or pays the attorney's fee.
(b) If the proposed resident cannot afford counsel, the court
shall appoint an attorney not later than the 11th day before the
date set for the hearing.
(c) An attorney appointed under this section is entitled to a
reasonable fee. The county in which the proceeding is brought
shall pay the attorney's fee from the county's general fund.
(d) The parent, if the proposed resident is a minor, or the
guardian of the person may be represented by legal counsel during
the proceedings.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 from certificates filed with the court that the
proposed resident is:
(1) believed to be a person with mental retardation; and
(2) likely to cause injury to himself or others if not
immediately restrained.
(b) The judge of the court may order a health or peace officer
to take the proposed resident into custody and transport the
person to:
(1) a designated residential care facility in which space is
available; or
(2) a place deemed suitable by the county health authority.
(c) If the proposed resident is a voluntary resident, the court
for good cause may order the resident's detention in:
(1) the facility to which the resident was voluntarily admitted;
or
(2) another suitable location to which the resident may be
transported under Subsection (b).
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 an
order of the court.
(b) A person under a protective custody order may not be
detained in a nonmedical facility used to detain persons charged
with or convicted of a crime, unless an extreme emergency exists
and in no case for longer than 24 hours.
(c) The county health authority shall ensure that the detained
person receives proper care and medical attention pending removal
to a residential care facility.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 after the date on which custody begins if the court that
issued the protective custody order has not issued further
detention orders.
(b) A facility administrator who believes that the person is a
danger to himself or others shall immediately notify the court
that issued the protective custody order of this belief.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 commitment.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 of the hearing and, if appropriate,
the order for the determination of mental retardation and
interdisciplinary team report and recommendations shall be served
on:
(1) the proposed resident or the proposed resident's
representative;
(2) the parent if the proposed resident is a minor;
(3) the guardian of the person; and
(4) the department.
(b) The notice must specify in plain and simple language:
(1) the right to an independent determination of mental
retardation under Section 593.007; and
(2) the provisions of Sections 593.043, 593.047, 593.049,
593.050, and 593.053.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 14, eff.
Sept. 1, 1993.
Sec. 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 Rules of Civil Procedure apply to the selection of
the jury, the court's charge to the jury, and all other aspects
of the proceedings and trial unless the rules are inconsistent
with this subchapter.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 judge
determines that there is good cause to close the hearing.
(b) The proposed resident is entitled to be present throughout
the hearing. If the court determines that the presence of the
proposed resident would result in harm to the proposed resident,
the court may waive the requirement in writing clearly stating
the reason for the decision.
(c) The proposed resident is entitled to and must be provided
the opportunity to confront and cross-examine each witness.
(d) The Texas Rules of Evidence apply. The results of the
determination of mental retardation and the current
interdisciplinary team report and recommendations shall be
presented in evidence.
(e) The party who filed the application has the burden to prove
beyond a reasonable doubt that long-term placement of the
proposed resident in a residential care facility is appropriate.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 15, eff.
Sept. 1, 1993; Acts 2001, 77th Leg., ch. 1420, Sec. 10.007, eff.
Sept. 1, 2001.
Sec. 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
application, and if appropriate, recommend application for
admission to voluntary services under Subchapter B.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 mental retardation;
(2) evidence is presented showing that because of retardation,
the proposed resident:
(A) represents a substantial risk of physical impairment or
injury to himself or others; or
(B) is unable to provide for and is not providing for the
proposed resident's most basic personal physical needs;
(3) the proposed resident cannot be adequately and appropriately
habilitated in an available, less restrictive setting; and
(4) the residential care facility provides habilitative
services, care, training, and treatment appropriate to the
proposed resident's needs.
(b) If it is determined that the requirements of Subsection (a)
have been met and that long-term placement in a residential care
facility is appropriate, the court shall commit the proposed
resident for care, treatment, and training to a community center
or the department when space is available in a residential care
facility.
(c) The court shall immediately send a copy of the commitment
order to the department or community center.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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. 1, eff. Sept. 1,
1991.
Sec. 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.
Sec. 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) space in the facility is unavailable;
(2) the proposed resident, parent if the resident is a minor, or
guardian of the person requests otherwise; or
(3) there are other compelling reasons.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 Civil Procedure apply to an appeal under
this section.
(c) An appeal under this section shall be given a preference
setting.
(d) The county court may grant a stay of commitment pending
appeal.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
SUBCHAPTER D. FEES
Sec. 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, Sec. 1, eff. Sept. 1,
1991.
Sec. 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, Sec. 1, eff. Sept. 1,
1991.
Sec. 593.073. DETERMINATION OF RESIDENTIAL COSTS. The board by
rule may determine the cost of support, maintenance, and
treatment of a resident.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 the state to support,
maintain, and treat the resident.
(b) The department may use the projected cost of providing
residential services to establish the maximum fee that may be
charged to a payer.
(c) The department may establish maximum fees on one or a
combination of the following:
(1) a statewide per capita;
(2) an individual facility per capita; or
(3) the type of service provided.
(d) Notwithstanding Subsection (b), the department may establish
a fee in excess of the department's projected cost of providing
residential services that may be charged to a payer:
(1) who is not an individual; and
(2) whose method of determining the rate of reimbursement to a
provider results in the excess.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 593.075. SLIDING FEE SCHEDULE. (a) The board by rule
shall establish a sliding fee schedule for the payment by the
resident's parents of the state's total costs for the support,
maintenance, and treatment of a resident younger than 18 years of
age.
(b) The board shall set the fee according to the parents' net
taxable income and ability to pay.
(c) The parents may elect to have their net taxable income
determined by their most current financial statement or federal
income tax return.
(d) In determining the portion of the costs of the resident's
support, maintenance, and treatment that the parents are required
to pay, the department shall adjust, when appropriate, the
payment required under the fee schedule to allow for
consideration of other factors affecting the ability of the
parents to pay.
(e) The department shall evaluate and, if necessary, revise the
fee schedule at least once every five years.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 278, Sec. 2, eff. June
5, 1995.
Sec. 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 resident's
support, maintenance, and treatment is determined by that
parent's own income.
(b) If the divorced parents' combined fees exceed the maximum
fee authorized under the fee schedule, the department shall
equitably allocate the maximum fee between the parents in
accordance with department rules, but a parent's fee may not
exceed the individual fee determined for that parent under
Subsection (a).
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 of the resident and the department may:
(1) be reimbursed for the costs of a resident's support,
maintenance, and treatment from those amounts; and
(2) establish a fee based on the child support obligation in
addition to other fees authorized by this subchapter.
(b) The department shall credit the amount of child support a
parent actually pays for a resident against monthly charges for
which the parent is liable, based on ability to pay.
(c) A parent who receives child support payments for a resident
is liable for the monthly charges based on the amount of child
support payments actually received in addition to the liability
of that parent based on ability to pay.
(d) The department may file a motion to modify a court order
that establishes a child support obligation for a resident to
require payment of the child support directly to the residential
care facility in which the resident resides for the resident's
support, maintenance, and treatment if:
(1) the resident's parent fails to pay child support as required
by the order; or
(2) the resident's parent who receives child support fails to
pay charges based on the amount of child support payments
received.
(e) In addition to modification of an order under Subsection
(d), the court may order all past due child support for the
benefit of a resident paid directly to the resident's residential
care facility to the extent that the department is entitled to
reimbursement of the resident's charges from the child support
obligation.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 treatment.
(b) Except as provided by Section 593.081, a resident and the
resident's estate are liable for the costs of the resident's
support, maintenance, and treatment regardless of the resident's
age.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 593.079. PREVIOUS FEE AGREEMENTS. The unpaid portion of
charges for support, maintenance, and treatment due from a parent
before January 1, 1978, under agreements made before that date,
remain as an obligation under previous law, but only to the
extent of parental responsibility prescribed by the department
fee schedule.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 in
favor of the state for the cost of support, maintenance, and
treatment of the resident and constitute a lien against the
parent's property and estate as provided by Section 533.004, but
do not constitute a lien against any other estate or property of
the resident.
(b) Except as provided by Section 593.081, costs determined
under Section 593.073 constitute a claim by the state against the
entire estate or property of the resident, including any share
the resident may have by gift, descent, or devise in the estate
of the resident's parent or any other person.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 trust for the
purposes of this subchapter is not considered to be the property
of the resident or the resident's estate, and is not liable for
the resident's support, maintenance, and treatment regardless of
the resident's age.
(b) To qualify for the exemption provided by Subsection (a), the
trust must be created by a written instrument, and a copy of the
trust instrument must be provided to the department.
(c) A trustee of the trust shall, on the department's request,
provide to the department a current financial statement that
shows the value of the trust estate.
(d) The department may petition a district court to order the
trustee to provide a current financial statement if the trustee
does not provide the statement before the 31st day after the date
on which the department makes the request. The court shall hold a
hearing on the department's petition not later than the 45th day
after the date on which the petition is filed. The court shall
order the trustee to provide to the department a current
financial statement if the court finds that the trustee has
failed to provide the statement.
(e) Failure of the trustee to comply with the court's order is
punishable by contempt.
(f) For the purposes of this section, the following are not
considered to be trusts and are not entitled to the exemption
provided by this section:
(1) a guardianship established under the Texas Probate Code;
(2) a trust established under Chapter 142, Property Code;
(3) a facility custodial account established under Section
551.003;
(4) the provisions of a divorce decree or other court order
relating to child support obligations;
(5) an administration of a decedent's estate; or
(6) an arrangement in which funds are held in the registry or by
the clerk of a court.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1999, 76th Leg., ch. 498, Sec. 1, eff. June
18, 1999.
SUBCHAPTER E. ADMISSION AND COMMITMENT UNDER PRIOR LAW
Sec. 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:
(1) necessary and appropriate alternate placement is found; or
(2) the resident can be admitted or committed to a facility as
provided by this chapter, if the admission or commitment is
necessary to meet the due process requirements of this subtitle.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 discharged
not later than the 96th hour after the time the superintendent
receives written request from the person on whose application the
resident was admitted, or on the resident's own request.
(b) The superintendent may detain the resident for more than 96
hours in accordance with Section 593.030.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 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 commit a resident of a
department facility who was committed under a law in force before
January 1, 1978, and for whom the due process requirements of
this subtitle require another commitment proceeding.
(b) The commissioners court of a county entitled to
reimbursement under this section may file a claim for
reimbursement with the comptroller.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.