37 Tex. Admin. Code § 380.8769 - Court-Ordered Mental Health Services
(a)
Purpose. The purpose of this rule is to establish criteria and a procedure for
the Texas Juvenile Justice Department (TJJD) to seek court-ordered mental
health services for youth with mental illness.
(b) Applicability. This rule applies to all
youth under TJJD's jurisdiction. TJJD retains jurisdiction of youth transferred
to mental health facilities for emergency detention or on temporary or extended
mental health commitments unless the youth are discharged pursuant to
§§
380.8565,
380.8569,
380.8595, or
380.8779 of this title.
(c) Definitions. Mental Illness--has the
meaning assigned by Texas Health and Safety Code §
571.003.
(d) Emergency Mental Health Detention.
(1) A youth may be referred for emergency
mental health detention if:
(A) the youth
evidences mental illness;
(B) the
youth evidences a substantial risk of serious harm to self or others;
(C) the risk of harm is imminent unless the
youth is immediately restrained; and
(D) the necessary restraint cannot be
accomplished without emergency mental health detention.
(2) Upon approval by the TJJD chief local
administrator, appropriate TJJD staff members file the required application
documents with the judge of the local county court with probate
jurisdiction.
(3) If the court
orders that the youth be placed in emergency mental health detention, he/she is
transported to the appropriate mental health facility.
(4) TJJD staff members notify the youth's
parents, guardian, managing conservator, or any other appropriate party of the
emergency detention.
(5) Prior to
the youth's discharge from the mental health facility, TJJD staff members
determine the most appropriate follow-up placement to ensure the youth's mental
health needs are appropriately addressed.
(e) Court-Ordered Mental Health Services.
(1) A youth may be referred for temporary
inpatient mental health services if:
(A) the
youth is mentally ill; and
(B) as a
result of the mental illness the youth:
(i)
is likely to cause serious harm to self or others; or
(ii) is:
(I) suffering severe and abnormal mental,
emotional, or physical distress;
(II) experiencing substantial mental or
physical deterioration of the ability to function independently, exhibited by
an inability to provide for basic needs; and
(III) unable to make a rational and informed
decision as to whether or not to submit to treatment.
(2) A youth
may be referred for extended inpatient mental health services if the criteria
in paragraph (1) of this subsection are met and:
(A) the youth's condition is expected to
continue for more than 90 days; and
(B) the youth has received court-ordered
inpatient mental health services for at least 60 consecutive days during the
preceding 12 months.
(3)
A youth who is returning to or residing in the community may be referred for
temporary outpatient mental health services if:
(A) the youth is mentally ill;
(B) the mental illness is severe and
persistent;
(C) as a result of the
mental illness, the youth will, if not treated, continue to:
(i) suffer severe and abnormal mental,
emotional, or physical distress; and
(ii) experience deterioration of the ability
to function independently such that the youth cannot live safely in the
community without court-ordered outpatient mental health services;
and
(D) the youth has the
inability to participate in outpatient treatment services effectively and
voluntarily.
(4) A youth
may be referred for extended outpatient mental health services if the criteria
in paragraph (3) of this subsection are met and:
(A) the youth's condition is expected to
continue for more than 90 days; and
(B) the youth has received court-ordered
inpatient mental health services for at least 60 consecutive days during the
preceding 12 months.
(5)
Upon approval of the application for court-ordered mental health services by
the TJJD chief local administrator, appropriate TJJD staff members:
(A) notify the local Mental Health Authority
(MHA) of the pending application for court-ordered mental health
services;
(B) obtain a Certificate
of Medical Examination from two physicians who have examined the youth within
five days of the filing of the certificates with the county court. At least one
physician must be a psychiatrist;
(C) complete a social summary; and
(D) file the application for court-ordered
mental health services and all necessary documents with the appropriate county
clerk.
(6) TJJD staff
members:
(A) notify the youth's parents,
guardian, managing conservator, or any other appropriate party of the hearing
date set by the court at the time of the filing;
(B) transport the youth to the hearing;
and
(C) if the youth is to be
committed and TJJD is authorized by the court order to provide transportation:
(i) transport the youth to the mental health
facility specified in the court order;
(ii) upon delivery of the youth at the
receiving mental health facility, obtain a written statement from the facility
acknowledging acceptance of the youth and any personal property belonging to
the youth; and
(iii) file a copy of
the statement with the clerk of the court that issued the writ of
commitment.
(7)
Prior to the youth's discharge from the mental health facility, TJJD staff
members determine the most appropriate follow-up placement to ensure the
youth's mental health needs are appropriately addressed.
Notes
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