Tex. Hum. Res. Code § 244.011

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 244.011 - Children With Mental Illness Or Intellectual Disability

(a)

[As amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 30]

The department shall accept a child committed to the department who is a person with a mental illness or a person with an intellectual disability .

(a)

[As amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 950]

The department shall accept a child with mental illness or intellectual disabilities who is committed to the department .

(b)

[As amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 30]

Unless a child is committed to the department under a determinate sentence under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, the department shall discharge a child who is a person with a mental illness or a person with an intellectual disability from its custody if:

(1) the child has completed the minimum length of stay for the child's committing offense; and

(2) the department determines that the child is unable to progress in the department's rehabilitation programs because of the child's mental illness or intellectual disability .

(b)

[As amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 950]

Unless the child is committed to the department under a determinate sentence under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, the department shall discharge a child with mental illness or intellectual disabilities from its custody if:

(1) the child has completed the minimum length of stay for the child's committing offense; and

(2) the department determines that the child is unable to progress in the department's rehabilitation programs because of the child's mental illness or intellectual disabilities .

(c) If a child who is discharged from the department under Subsection (b) as a result of mental illness is not receiving court-ordered mental health services, the child's discharge is effective on the earlier of:

(1) the date the court enters an order regarding an application for mental health services filed under Section 244.012(b); or

(2) the 30th day after the date the application is filed.

(d) If a child who is discharged from the department under Subsection (b) as a result of mental illness is receiving court-ordered mental health services, the child's discharge from the department is effective immediately. If the child is receiving mental health services outside the child's home county, the department shall notify the mental health authority located in that county of the discharge not later than the 30th day after the date that the child's discharge is effective.

(e)

[As amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 30]

If a child who is discharged from the department under Subsection (b) as a result of an intellectual disability is not receiving intellectual disability services, the child's discharge is effective on the earlier of:

(1) the date the court enters an order regarding an application for intellectual disability services filed under Section 244.012(b); or

(2) the 30th day after the date that the application is filed.

(e)

[As amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 950]

If a child who is discharged from the department under Subsection (b) as a result of an intellectual disability is not receiving intellectual disability services, the child's discharge is effective on the earlier of:

(1) the date the court enters an order regarding an application for intellectual disability services filed under Section 244.012(b); or

(2) the 30th day after the date that the application is filed.

(f)

[As amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 30]

If a child who is discharged from the department under Subsection (b) as a result of an intellectual disability is receiving intellectual disability services, the child's discharge from the department is effective immediately.

(f)

[As amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 950]

If a child who is discharged from the department under Subsection (b) as a result of an intellectual disability is receiving intellectual disability services, the child's discharge from the department is effective immediately.

(g)

[As amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 30]

If a child who is a person with a mental illness or a person with an intellectual disability is discharged from the department under Subsection (b), the child is eligible to receive continuity of care services from the Texas Correctional Office on Offenders with Medical or Mental Impairments under Chapter 614, Health and Safety Code.

(g)

[As amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 950]

If a child with mental illness or intellectual disabilities is discharged from the department under Subsection (b), the child is eligible to receive continuity of care services from the Texas Correctional Office on Offenders with Medical or Mental Impairments under Chapter 614, Health and Safety Code.

Tex. Hum. Res. Code § 244.011

Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 950,Sec. 42, eff. 9/1/2023.

Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 30,Sec. 7.03, eff. 9/1/2023.

Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 30,Sec. 7.02, eff. 9/1/2023.

Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85, Sec. 1.007, eff. 9/1/2011.