Tex. Human Resources Code Section 244.012
Examination Before Discharge


(a)

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 (Children with Mental Illness or Intellectual Disabilities)(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 (General Provisions Relating to Hearing), Chapter 574 (Court-ordered Mental Health Services), 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 (Order for Temporary Inpatient Mental Health Services) or 574.0345 (Order for Temporary Outpatient Mental Health Services), Health and Safety Code.

(c)

Before a child who is identified as having an intellectual disability under Chapter 593 (Admission and Commitment to Intellectual Disability Services), Health and Safety Code, is discharged from the department’s custody under Section 244.011 (Children with Mental Illness or Intellectual Disabilities)(b), the department shall refer the child for intellectual disability services if the child is not receiving intellectual disability services.
Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 25, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 7.04, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 43, eff. September 1, 2023.

Source: Section 244.012 — Examination Before Discharge, https://statutes.­capitol.­texas.­gov/Docs/HR/htm/HR.­244.­htm#244.­012 (accessed May 18, 2024).

Accessed:
May 18, 2024

§ 244.012’s source at texas​.gov