Section 904.29 - Criteria for Commitment and Commitment for Residential Services Without an Interdisciplinary Team Recommendation of a Minor to a Residential Care Facility Under the PIDA(a) In accordance with Texas Government Code § 546.0208 and § 546.0203, before a minor may be committed to a residential care facility for residential services, the CRCG or the LIDDA, if the minor resides in a county that is not served by a CRCG, must fully inform the parent or guardian of all community-based services and any other service and support options for which the minor may be eligible and complete the permanency planning process, as described in §904.171 of this chapter (relating to MRA and State MR Facility Responsibilities).(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 subsections (d)(2) and (e)(2) 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 intellectual disability); or(2) the minor's ICAP service level equals: (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.(c) A determination that a minor cannot be adequately and appropriately habilitated in an available, less restrictive setting, as referenced in subsections (d)(3) or (e)(3) of this section, may not be made unless:(1) a CRCG, or the LIDDA, if the minor resides in a county that is not served by CRCG, held a staffing concerning the minor and provided information to the minor's family about available community supports that could serve as an alternative to admission of the minor to a residential care facility;(2) available community supports that could serve as an alternative to admission of the minor to a residential care facility were attempted; and(3) if there are indications that the minor may have a serious emotional disturbance, the minor was assessed by a children's mental health professional to determine if a serious emotional disturbance exists and services to address the serious emotional disturbance were attempted.(d) In accordance with THSC §§593.003, 593.052, and 593.041, except as provided by subsection (e) of this section, a minor may be committed to a residential care facility for residential services only if: (1) the minor is determined to have an intellectual disability in accordance with § 304.401 of this title (relating to Conducting a Determination of Intellectual Disability);(2) the minor, because of an intellectual disability:(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;(3) the minor cannot be adequately and appropriately habilitated in an available, less restrictive setting;(4) the residential care facility provides habilitative services, care, training, and treatment appropriate to the minor's needs;(5) a report by a LIDDA's IDT recommending the placement has been completed in accordance with §904.43 of this subchapter (relating to LIDDA IDT Recommendation Concerning the Commitment of an Adult or a Minor or the Regular Voluntary Admission of an Adult to a Residential Care Facility Under the PIDA) during the six months preceding the date of the commitment hearing; and(6) the court determines beyond a reasonable doubt that the minor meets the requirements of subsection (c) of this section and paragraphs (1), (2)(A) or (2)(B), (3), and (4) of this subsection.(e) In accordance with THSC §§593.003, 593.041, 593.0511 and 593.052, a minor may be committed to a residential care facility for residential services without an IDT recommendation only if:(1) the minor is determined to have an intellectual disability in accordance with § 304.401 of this title;(2) the parent of a minor petitions the court to issue a commitment order and shows, because of an intellectual disability, 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;(3) the minor cannot be adequately and appropriately habilitated in an available, less restrictive setting;(4) the residential care facility provides habilitative services, care, training, and treatment appropriate to the minor's needs; and(5) the court determines beyond a reasonable doubt that the minor meets the requirements of subsection (c) of this section and paragraphs (1), (2)(A) or (2)(B), (3), and (4) of this subsection.(f) In accordance with THSC §593.056, a party to a commitment proceeding under subsections (d) or (e) of this section has the right to appeal the judgment to the appropriate court of appeals.(1) The Texas Rules of Civil Procedure apply to an appeal under this section.(2) An appeal under this section shall be given a preference setting.(3) The county court may grant a stay of commitment pending the outcome of the appeal.26 Tex. Admin. Code § 904.29
Adopted by Texas Register, Volume 49, Number 37, September 13, 2024, TexReg 7365, eff. 9/18/2024