Texas Register, Volume 35, Number 6, Pages 711-960, February 5, 2010 Page: 726
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(3) This policy does not apply to youth who are in need
of commitment to a mental health facility only for crisis stabilization
and/or acute care. See 87.69 of this title for such commitments.
(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 requests for hearings under this rule require the ap-
proval of the executive director.
(d) Eligibility Criteria. TYC may seek a court hearing for
in-patient mental health services pursuant to Human Resources Code
61.0773 for a youth who:
(1) has been assessed as having a high need for specialized
mental health programming, as defined in 87.51 of this title;
(2) has been diagnosed with a major mental illness by a li-
censed psychologist or psychiatrist based on the most recent edition of
the Diagnostic and Statistical Manual of the American Psychiatric As-
sociation (e.g., psychotic disorder, bipolar disorder, major depressive
disorder, organic disorder, severe neurological deficit);
(3) as a result of the mental illness:
(A) is likely to cause serious harm to self or others; or
(B) is:
(/ suffering severe and abnormal mental, emo-
tional, or physical distress;
(ii) experiencing substantial mental or physical de-
terioration of the ability to function independently, exhibited by an in-
ability to provide for basic needs; and(iii) unable to make a rational and informed decision
as to whether or not to submit to treatment; and
(4) primarily because of the mental illness, is not able to
progress in the agency's rehabilitation programs; and
(5) has completed the minimum period of confinement, un-
less this requirement is waived due to exceptional circumstances, as
determined and approved by the executive director on a case-by-case
basis.
(e) Referral to Court. If the executive director approves the re-
quest for a hearing, appropriate TYC staff will petition the committing
juvenile court for the initiation of mental health commitment proceed-
ings in accordance with Human Resources Code 61.0773.
This agency hereby certifies that the emergency adoption has
been reviewed by legal counsel and found to be within the
agency's legal authority to adopt.
Filed with the Office of the Secretary of State on January 22,
2010.
TRD-201000303
Cheryln K. Townsend
Executive Director
Texas Youth Commission
Effective Date: January 22, 2010
Expiration Date: May 21, 2010
For further information, please call: (512) 424-6014February 5, 2010 Texas Register
35 TexReg 726
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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/m1/14/: accessed March 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.