Tex.
Human Resources Code Section 244.011
Children with Mental Illness or Intellectual Disabilities
(a)
The department shall accept a child with mental illness or intellectual disabilities who is committed to the department.(b)
Unless the child is committed to the department under a determinate sentence under Section 54.04 (Disposition Hearing)(d)(3), 54.04 (Disposition Hearing)(m), or 54.05 (Hearing to Modify Disposition)(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 (Examination Before Discharge)(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)
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 (Examination Before Discharge)(b); or(2)
the 30th day after the date that the application is filed.(f)
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)
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 (Texas Correctional Office on Offenders with Medical or Mental Impairments), Health and Safety Code.
Source:
Section 244.011 — Children with Mental Illness or Intellectual Disabilities, https://statutes.capitol.texas.gov/Docs/HR/htm/HR.244.htm#244.011 (accessed Jun. 5, 2024).
