Tex. Hum. Res. Code § 244.012

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

Section 244.012 - Examination Before Discharge

(a)[As amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 30]
The department shall establish a system that identifies children in the department's custody who have a mental illness or an intellectual disability .

(a)[As amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 950]
The department shall establish a system that identifies children with mental illness or intellectual disabilities in the department's custody .

(b) Before a child with mental illness is discharged from the department's custody under Section 244.011(b), a department psychiatrist shall examine the child. The department shall refer a child requiring outpatient psychiatric treatment to the appropriate mental health authority. For a child requiring inpatient psychiatric treatment, the department shall file a sworn application for court-ordered mental health services, as provided in Subchapter C, Chapter 574, Health and Safety Code, if:

(1) the child is not receiving court-ordered mental health services; and

(2) the psychiatrist who examined the child determines that the child is a child with mental illness and the child meets at least one of the criteria listed in Section 574.034 or 574.0345, Health and Safety Code.

(c)[As amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 30]
Before a child who is identified as a person with an intellectual disability under Chapter 593, Health and Safety Code, is discharged from the department's custody under Section 244.011(b), the department shall refer the child for intellectual disability services if the child is not receiving those services.

(c)[As amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 950]
Before a child who is identified as having an intellectual disability under Chapter 593, Health and Safety Code, is discharged from the department's custody under Section 244.011(b), the department shall refer the child for intellectual disability services if the child is not receiving intellectual disability services.

Tex. Hum. Res. Code § 244.012

Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 950,Sec. 43, eff. 9/1/2023.

Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 30,Sec. 7.04, eff. 9/1/2023.

Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 582,Sec. 25, eff. 9/1/2019.

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.