SECTION 904.51. Process for Placement of a Minor under the Texas Family Code in a State MR Facility

(a) If DADS is notified by a juvenile court that a placement order for a minor has been issued under Texas Family Code, §55.33 or §55.52, DADS will notify the appropriate MRA of the placement order.

(b) Prior to the minor's admission under a placement order, the MRA must submit the following documents to the state MR facility:

(1) the original court order;

(2) an offense record;

(3) a DMR, if available;

(4) a current medical assessment;

(5) a physician's medication orders;

(6) a social history;

(7) a psychological history;

(8) an immunization record;

(9) a copy of social security card;

(10) a certified copy of birth certificate;

(11) the Admission, Review and Dismissal (ARD) Committee report, Individual Education Plan (IEP), and Comprehensive Assessment;

(12) a copy of the Medicaid card, if applicable;

(13) any legal document dealing with custody of the minor;

(14) current letters of guardianship, order appointing a guardian, and related orders, if the minor has a guardian;

(15) any documents concerning the minor's immigration status;

(16) a completed ICAP (Inventory for Client and Agency Planning) booklet and MR/RC assessment form, if available; and

(17) other available evaluations.

(c) Upon receipt of the required documents, the state MR facility will coordinate admission arrangements with the juvenile probation department or the MRA.

(d) Within 30 calendar days after the minor is admitted to the state MR facility, the state MR facility will schedule an IDT meeting to develop an individual program plan (IPP) for the minor.

(e) Not later than the 75th calendar day after the date the court issues a placement order under Texas Family Code, §55.33, the state MR facility will submit to the court a report that:

(1) describes the treatment of the minor provided by the state MR facility;

(2) states whether the state MR facility believes the minor is fit or unfit to proceed; and

(3) if the state MR facility believes the minor is unfit to proceed, states whether the minor meets the commitment criteria described in §2.257 of this subchapter (relating to Criteria for Commitment of a Minor to a State MR Facility Under the PMRA).

(f) If the state MR facility believes that the minor is unfit to proceed and meets the commitment criteria described in §2.257 of this subchapter, the state MR facility will submit an affidavit to the court stating the conclusions reached as a result of the diagnosis.

(g) Not later than the 75th calendar day after the date the court issues a placement order under Texas Family Code, §55.52, the state MR facility will submit to the court a report that:

(1) describes the treatment of the minor provided by the state MR facility;

(2) states whether the state MR facility believes the minor has mental retardation; and

(3) if the state MR facility believes the minor has mental retardation, states whether the minor meets the commitment criteria described in §2.257 of this subchapter.

(h) If the state MR facility believes that the minor has mental retardation and meets the commitment criteria described in §2.257 of this subchapter, the state MR facility will submit an affidavit to the court stating the conclusions reached as a result of the diagnosis.

Source Note: The provisions of this §904.51 adopted to be effective January 1, 2001, 25 TexReg 12746; amended to be effective March 31, 2002, 27 TexReg 2445; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective September 1, 2006, 31 TexReg 6783; transferred effective September 1, 2023, as published in the August 11, 2023, issue of the Texas Register, 48 TexReg 4397