CHAPTER 594. TRANSFER AND DISCHARGE
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
SUBTITLE D. PERSONS WITH MENTAL RETARDATION ACT
CHAPTER 594. TRANSFER AND DISCHARGE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 594.001. APPLICABILITY OF CHAPTER. (a) A client may not
be transferred or discharged except as provided by this chapter
and department rules.
(b) This chapter does not apply to the:
(1) transfer of a client for emergency medical, dental, or
psychiatric care for not more than 30 consecutive days;
(2) voluntary withdrawal of a client from mental retardation
services; or
(3) discharge of a client by a superintendent or director
because the person is not a person with mental retardation
according to the results of the determination of mental
retardation.
(c) A discharge under Subsection (b)(3) is without further
hearings, unless an administrative hearing under Subchapter A,
Chapter 593, to contest the determination of mental retardation
is requested.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 16, eff.
Sept. 1, 1993.
Sec. 594.002. LEAVE; FURLOUGH. The superintendent may grant or
deny a resident a leave of absence or furlough.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.003. HABEAS CORPUS. This chapter does not alter or
limit a resident's right to obtain a writ of habeas corpus.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
SUBCHAPTER B. TRANSFER OR DISCHARGE
Sec. 594.011. SERVICE PROVIDER. A service provider shall
transfer a client, furlough a client to an alternative placement,
or discharge a client if the service provider determines:
(1) that the client's placement is no longer appropriate to the
person's individual needs; or
(2) that the client can be better treated and habilitated in
another setting; and
(3) placement in another setting that can better treat and
habilitate the client has been secured.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.012. REQUEST BY CLIENT, PARENT, OR GUARDIAN. (a) A
client, the parent of a client who is a minor, or the guardian of
the person may request a transfer or discharge.
(b) The service provider shall determine the appropriateness of
the requested transfer or discharge.
(c) If a request is denied, the client, parent, or guardian of
the person is entitled to a hearing under Section 594.015 to
contest the decision.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.013. NOTICE OF TRANSFER OR DISCHARGE; APPROVAL. (a) A
client and the parent or guardian must be notified not later than
the 31st day before the date of the proposed transfer or
discharge of the client.
(b) A client may not be transferred to another facility without
the prior approval and knowledge of the parents or guardian of
the client.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.014. RIGHT TO ADMINISTRATIVE HEARING. (a) A client
and the parent or the guardian shall be informed of the right to
an administrative hearing to contest a proposed transfer or
discharge.
(b) A client may not be transferred to another facility or
discharged from mental retardation services unless the client is
given the opportunity to request and receive an administrative
hearing to contest the proposed transfer or discharge.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.015. ADMINISTRATIVE HEARING. (a) An administrative
hearing to contest a transfer or discharge decision must 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.
(b) The client, the parent of a client who is a minor, the
guardian of the person, and the superintendent have the right to:
(1) be present and represented at the hearing; and
(2) have reasonable access at a reasonable time before the
hearing to any records concerning the client relevant to the
proposed action.
(c) Evidence, including oral and written testimony, shall be
presented.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.016. DECISION. (a) After each case, 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 an
appeal is filed within that period.
(c) The filing of an appeal suspends the decision of the hearing
officer, and a party may not take action on the decision.
(d) If an appeal is not filed from a final order granting a
request for a transfer or discharge, the superintendent shall
proceed with the transfer or discharge.
(e) If an appeal is not filed from a final order denying a
request for a transfer or discharge, the client shall remain in
the same program or facility at which the client is receiving
services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.017. 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 an appeal is the county court of Travis County or
the county in which the 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. 594.018. NOTICE TO COMMITTING COURT. When a resident is
discharged, the department shall notify the court that committed
the resident to a residential care facility under Subchapter C,
Chapter 593.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.019. ALTERNATIVE SERVICES. (a) The department shall
provide appropriate alternative or follow-up supportive services
consistent with available resources by agreement among the
department, the mental retardation authority in the area in which
the client will reside, and the client, parent of a client who is
a minor, or guardian of the person. The services shall be
consistent with the rights guaranteed in Chapter 592.
(b) Placement in a residential care facility, other than by
transfer from another residential care facility, may be made only
as provided by Subchapters B and C, Chapter 593.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
SUBCHAPTER C. TRANSFER TO STATE MENTAL HOSPITAL
Sec. 594.031. TRANSFER OF VOLUNTARY RESIDENT. A voluntary
resident may not be transferred to a state mental hospital
without legally adequate consent to the transfer.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.032. TRANSFER OF COURT-COMMITTED RESIDENT. (a) The
superintendent may transfer a resident committed to a residential
care facility under Subchapter C, Chapter 593, to a state mental
hospital for mental health care if an examination of the resident
by a licensed physician indicates symptoms of mental illness to
the extent that care, treatment, control, and rehabilitation in a
state mental hospital is in the best interest of the resident.
(b) A resident transferred from a residential care facility to a
state mental hospital may not remain in the hospital for longer
than 30 consecutive days unless the transfer is authorized by a
court order under this subchapter.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.033. EVALUATION; COURT ORDER. The hospital
administrator of the state mental hospital to which a
court-committed resident is transferred shall immediately have an
evaluation of the resident's condition performed.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.034. REQUEST FOR TRANSFER ORDER. (a) If the
evaluation performed under Section 594.033 reveals that continued
hospitalization is necessary for longer than 30 consecutive days,
the hospital administrator of the state mental hospital to which
a court-committed resident is transferred shall promptly request
from the court that originally committed the resident to the
residential care facility an order transferring the resident to
the hospital.
(b) In support of the request, the hospital administrator shall
send two certificates of medical examination for mental illness
as described in Section 574.011, stating that the resident is:
(1) a person with mental illness; and
(2) requires observation or treatment in a mental hospital.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.035. HEARING DATE. When the committing court receives
the hospital administrator's request and the certificates of
medical examination, the court shall set a date for the hearing
on the proposed transfer.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.036. NOTICE. (a) A copy of the transfer request and
notice of the transfer hearing shall be personally served on the
resident not later than the eighth day before the date set for
the hearing.
(b) Notice shall also be served on the parents if the resident
is a minor and on the guardian for the resident's person if the
resident has been declared to be incapacitated as provided by the
Texas Probate Code and a guardian has been appointed.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 1039, Sec. 1, eff.
Sept. 1, 1995.
Sec. 594.037. HEARING LOCATION. (a) The judge may hold a
transfer hearing on the petition at any suitable place in the
county.
(b) The hearing should be held in a physical setting that is not
likely to have a harmful effect on the resident.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.038. HEARING BEFORE JURY. (a) The transfer hearing
must be held before a jury unless a waiver of trial by jury is
made in writing under oath by the resident, the parent if the
resident is a minor, or the resident's guardian of the person.
(b) Notwithstanding the executed waiver, a jury shall determine
the issue of the case if the resident, the parent, the guardian
of the person, or the resident's legal representative demands a
jury trial at any time before the hearing's determination is
made.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.039. RESIDENT PRESENT AT HEARING. The resident is
entitled to be present at the transfer hearing unless the court
determines it is in the resident's best interest to not be
present.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.040. OPENING HEARING. The transfer hearing must be
open to the public unless the court:
(1) finds that it is in the best interest of the resident to
close the hearing; and
(2) obtains the consent of the resident, a parent of a resident
who is a minor, the resident's guardian of the person, and the
resident's legal representative to close the hearing.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.041. MEDICAL EVIDENCE. (a) At least two physicians,
at least one of whom must be a psychiatrist, must testify at the
transfer hearing. The physicians must have examined the resident
not earlier than the 15th day before the date set for the
hearing.
(b) A person may not be transferred to a mental hospital except
on competent medical or psychiatric testimony.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.042. HEARING DETERMINATION. The court by order shall
approve the transfer of the resident to a state mental hospital
if the court or jury determines that the resident:
(1) is a person with mental illness; and
(2) requires a transfer to a state mental hospital for treatment
for the resident's own welfare and protection or for the
protection of others.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.043. DISCHARGE OF RESIDENT. A resident who is
transferred to a state mental hospital and no longer requires
treatment in a state mental hospital or a residential care
facility shall be discharged.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.044. TRANSFER OF RESIDENTIAL CARE FACILITY. (a)
Except as provided by Section 594.045, a resident who is
transferred to a state mental hospital and no longer requires
treatment in a state mental hospital but requires treatment in a
residential care facility shall be returned to the residential
care facility from which the resident was transferred.
(b) The hospital administrator of the state mental hospital
shall notify the superintendent of the facility from which the
resident was transferred that hospitalization in a state mental
hospital is not necessary or appropriate for the resident. The
superintendent shall immediately provide for the return of the
resident to the facility.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 594.045. RETURN OF COURT-ORDERED TRANSFER RESIDENT. (a)
If a resident has been transferred to a state mental hospital
under a court order under this subchapter, the hospital
administrator of the state mental hospital shall:
(1) send a certificate to the committing court stating that the
resident does not require hospitalization in a state mental
hospital but requires care in a residential care facility because
of mental retardation; and
(2) request that the resident be transferred to a residential
care facility.
(b) The transfer may be made only if the judge of the committing
court approves the transfer as provided by Section 575.013.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.