Texas Register, Volume 35, Number 6, Pages 711-960, February 5, 2010 Page: 725
711-960 p. ; 28 cm.View a full description of this periodical.
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(B) transport the youth to the hearing; and
(C) if the youth is to be committed and TYC is autho-
rized 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 men-
tal health facility, obtain a written statement from the facility acknowl-
edging 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 fa-
cility, TYC staff will determine the most appropriate follow-up place-
ment to ensure the youth's mental health needs are appropriately ad-
dressed.
87.79. Discharge of Non-Sentenced Offenders with Mental Illness
or Mental Retardation.
(a) Purpose. The purpose of this rule is to provide criteria and
a process whereby the Texas Youth Commission discharges from cus-
tody non-sentenced offender youth who have completed length of stay
requirements and who are unable to progress in the agency's rehabili-
tation programs because of mental illness or mental retardation.
(b) Applicability. This rule does not apply to sentenced of-
fender youth.
(c) General Provisions.
(1) A determination of whether a youth is able to progress
in the agency's rehabilitation programs will be made on an individual-
ized basis, considering factors which may include, but are not limited
to the youth's level of functioning, abilities, strengths, needs, and past
progress. The determination will also include a review of the supple-
mental interventions and/or program adaptations used to accommodate
the youth's disability.
(2) All discharges under this rule require the approval of
the executive director.
(d) Discharge Eligibility Criteria.
(1) Youth with a mental illness who are unable to progress
in the agency's rehabilitation programs shall be discharged. Such youth
must meet the following criteria:
(A) the youth has completed the initial minimum length
of stay;
(B) the youth has been diagnosed with a major mental
illness by a licensed psychologist or psychiatrist based on the most re-
cent edition of the Diagnostic and Statistical Manual of the American
Psychiatric Association (e.g., psychotic disorder, bipolar disorder, ma-
jor depressive disorder, organic disorder, severe neurological deficit);
and
(C) the youth is not able to progress in the agency's re-
habilitation programs primarily because of the youth's mental illness.
(2) Youth with mental retardation who are unable to
progress in the agency's rehabilitation programs shall be discharged.
Such youth must meet the following criteria:
(A) the youth has completed the initial minimum length
of stay;
(B) the youth has been diagnosed with mental retarda-
tion by a licensed psychologist based upon the most recent edition ofthe Diagnostic and Statistical Manual of the American Psychiatric As-
sociation; and
(C) the youth is not able to progress in the agency's re-
habilitation programs primarily because of the mental retardation.
(e) Referrals for Follow-Up Services.
(1) Before a youth is discharged due to mental illness, a
psychiatrist shall examine the youth to determine whether the youth is
in need of inpatient mental health services or outpatient mental health
services.
(2) Before a youth is discharged due to mental illness:
(A) the agency will file an application for court-ordered
mental health services as provided in Subchapter C, Chapter 574,
Health and Safety Code, if the youth is not receiving such services.
The application will be for court-ordered inpatient mental health
services if the psychiatrist determines such services are needed; and
(B) the agency will notify the local Mental Health Au-
thority in the youth's home county.
(3) Before a youth is discharged due to mental retardation,
the agency will notify the Mental Retardation Authority (MRA) in the
youth's home county and provide a copy of the determination report if
the youth is not already receiving mental retardation services.
(4) Prior to discharge, all youth discharged under this rule
shall be referred:
(A) to the Texas Correctional Office on Offenders with
Medical or Mental Impairments for continuity of care services; and
(B) for staffing with the Community Resource Coordi-
nation Group in the county to which the youth will be discharged.
(f) Effective Date of Discharge.
(1) Mental Illness Discharge.
(A) If the youth is already receiving court-ordered men-
tal health services, discharge is effective immediately upon becoming
eligible for discharge under subsection (d) of this section.
(B) If the youth is not receiving court-ordered mental
health services, discharge is effective the date the court enters an order
regarding an application for court-ordered mental health services, or
the 30th day after the application is filed, whichever occurs first.
(2) Mental Retardation Discharge.
(A) Discharge is effective on the date any action by the
home county MRA is taken on the agency's application for mental re-
tardation services or 30 days from the date of the application, whichever
occurs first.
(B) If the youth is already receiving mental retardation
services, discharge is effective immediately upon becoming eligible for
discharge under subsection (d) of this section.
,87.81. Referral of Sentenced Offenders to Court for Mental Health
Services.
(a) Purpose. The purpose of this rule is to provide criteria and a
process whereby the Texas Youth Commission (TYC or agency) refers
sentenced offender youth with mental illness to the committing juvenile
court for in-patient mental health commitment proceedings.
(b) Applicability.
(1) This policy applies only to sentenced offender youth.
(2) This policy applies only to youth committed to TYC for
offenses occurring on or after June 19, 2009.EMERGENCY RULES February 5, 2010 35 TexReg 725
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Texas. Secretary of State. Texas Register, Volume 35, Number 6, Pages 711-960, February 5, 2010, periodical, February 5, 2010; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101170/m1/13/: accessed May 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.