CHAPTER 594. TRANSFER AND DISCHARGE

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-594-transfer-and-discharge

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE D. PERSONS WITH MENTAL RETARDATION ACT

CHAPTER 594. TRANSFER AND DISCHARGE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 594.001. APPLICABILITY OF CHAPTER. (a) A client may not

be transferred or discharged except as provided by this chapter

and department rules.

(b) This chapter does not apply to the:

(1) transfer of a client for emergency medical, dental, or

psychiatric care for not more than 30 consecutive days;

(2) voluntary withdrawal of a client from mental retardation

services; or

(3) discharge of a client by a superintendent or director

because the person is not a person with mental retardation

according to the results of the determination of mental

retardation.

hearings, unless an administrative hearing under Subchapter A,

Chapter 593, to contest the determination of mental retardation

is requested.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 16, eff.

Sept. 1, 1993.

Sec. 594.002. LEAVE; FURLOUGH. The superintendent may grant or

deny a resident a leave of absence or furlough.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.003. HABEAS CORPUS. This chapter does not alter or

limit a resident's right to obtain a writ of habeas corpus.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

SUBCHAPTER B. TRANSFER OR DISCHARGE

Sec. 594.011. SERVICE PROVIDER. A service provider shall

transfer a client, furlough a client to an alternative placement,

or discharge a client if the service provider determines:

(1) that the client's placement is no longer appropriate to the

person's individual needs; or

(2) that the client can be better treated and habilitated in

another setting; and

(3) placement in another setting that can better treat and

habilitate the client has been secured.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.012. REQUEST BY CLIENT, PARENT, OR GUARDIAN. (a) A

client, the parent of a client who is a minor, or the guardian of

the person may request a transfer or discharge.

(b) The service provider shall determine the appropriateness of

the requested transfer or discharge.

the person is entitled to a hearing under Section 594.015 to

contest the decision.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.013. NOTICE OF TRANSFER OR DISCHARGE; APPROVAL. (a) A

client and the parent or guardian must be notified not later than

the 31st day before the date of the proposed transfer or

discharge of the client.

(b) A client may not be transferred to another facility without

the prior approval and knowledge of the parents or guardian of

the client.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.014. RIGHT TO ADMINISTRATIVE HEARING. (a) A client

and the parent or the guardian shall be informed of the right to

an administrative hearing to contest a proposed transfer or

discharge.

(b) A client may not be transferred to another facility or

discharged from mental retardation services unless the client is

given the opportunity to request and receive an administrative

hearing to contest the proposed transfer or discharge.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.015. ADMINISTRATIVE HEARING. (a) An administrative

hearing to contest a transfer or discharge decision must be held:

(1) as soon as possible, but not later than the 30th day after

the date of the request;

(2) in a convenient location; and

(3) after reasonable notice.

(b) The client, the parent of a client who is a minor, the

guardian of the person, and the superintendent have the right to:

(1) be present and represented at the hearing; and

(2) have reasonable access at a reasonable time before the

hearing to any records concerning the client relevant to the

proposed action.

presented.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.016. DECISION. (a) After each case, the hearing

officer shall promptly report to the parties in writing the

officer's decision, findings of fact, and the reasons for those

findings.

(b) The hearing officer's decision is final on the 31st day

after the date on which the decision is reported, unless an

appeal is filed within that period.

officer, and a party may not take action on the decision.

(d) If an appeal is not filed from a final order granting a

request for a transfer or discharge, the superintendent shall

proceed with the transfer or discharge.

(e) If an appeal is not filed from a final order denying a

request for a transfer or discharge, the client shall remain in

the same program or facility at which the client is receiving

services.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.017. APPEAL. (a) A party to a hearing may appeal the

hearing officer's decision without filing a motion for rehearing

with the hearing officer.

(b) Venue for an appeal is the county court of Travis County or

the county in which the client resides.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.018. NOTICE TO COMMITTING COURT. When a resident is

discharged, the department shall notify the court that committed

the resident to a residential care facility under Subchapter C,

Chapter 593.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.019. ALTERNATIVE SERVICES. (a) The department shall

provide appropriate alternative or follow-up supportive services

consistent with available resources by agreement among the

department, the mental retardation authority in the area in which

the client will reside, and the client, parent of a client who is

a minor, or guardian of the person. The services shall be

consistent with the rights guaranteed in Chapter 592.

(b) Placement in a residential care facility, other than by

transfer from another residential care facility, may be made only

as provided by Subchapters B and C, Chapter 593.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

SUBCHAPTER C. TRANSFER TO STATE MENTAL HOSPITAL

Sec. 594.031. TRANSFER OF VOLUNTARY RESIDENT. A voluntary

resident may not be transferred to a state mental hospital

without legally adequate consent to the transfer.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.032. TRANSFER OF COURT-COMMITTED RESIDENT. (a) The

superintendent may transfer a resident committed to a residential

care facility under Subchapter C, Chapter 593, to a state mental

hospital for mental health care if an examination of the resident

by a licensed physician indicates symptoms of mental illness to

the extent that care, treatment, control, and rehabilitation in a

state mental hospital is in the best interest of the resident.

(b) A resident transferred from a residential care facility to a

state mental hospital may not remain in the hospital for longer

than 30 consecutive days unless the transfer is authorized by a

court order under this subchapter.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.033. EVALUATION; COURT ORDER. The hospital

administrator of the state mental hospital to which a

court-committed resident is transferred shall immediately have an

evaluation of the resident's condition performed.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.034. REQUEST FOR TRANSFER ORDER. (a) If the

evaluation performed under Section 594.033 reveals that continued

hospitalization is necessary for longer than 30 consecutive days,

the hospital administrator of the state mental hospital to which

a court-committed resident is transferred shall promptly request

from the court that originally committed the resident to the

residential care facility an order transferring the resident to

the hospital.

(b) In support of the request, the hospital administrator shall

send two certificates of medical examination for mental illness

as described in Section 574.011, stating that the resident is:

(1) a person with mental illness; and

(2) requires observation or treatment in a mental hospital.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.035. HEARING DATE. When the committing court receives

the hospital administrator's request and the certificates of

medical examination, the court shall set a date for the hearing

on the proposed transfer.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.036. NOTICE. (a) A copy of the transfer request and

notice of the transfer hearing shall be personally served on the

resident not later than the eighth day before the date set for

the hearing.

(b) Notice shall also be served on the parents if the resident

is a minor and on the guardian for the resident's person if the

resident has been declared to be incapacitated as provided by the

Texas Probate Code and a guardian has been appointed.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 1039, Sec. 1, eff.

Sept. 1, 1995.

Sec. 594.037. HEARING LOCATION. (a) The judge may hold a

transfer hearing on the petition at any suitable place in the

county.

(b) The hearing should be held in a physical setting that is not

likely to have a harmful effect on the resident.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.038. HEARING BEFORE JURY. (a) The transfer hearing

must be held before a jury unless a waiver of trial by jury is

made in writing under oath by the resident, the parent if the

resident is a minor, or the resident's guardian of the person.

(b) Notwithstanding the executed waiver, a jury shall determine

the issue of the case if the resident, the parent, the guardian

of the person, or the resident's legal representative demands a

jury trial at any time before the hearing's determination is

made.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.039. RESIDENT PRESENT AT HEARING. The resident is

entitled to be present at the transfer hearing unless the court

determines it is in the resident's best interest to not be

present.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.040. OPENING HEARING. The transfer hearing must be

open to the public unless the court:

(1) finds that it is in the best interest of the resident to

close the hearing; and

(2) obtains the consent of the resident, a parent of a resident

who is a minor, the resident's guardian of the person, and the

resident's legal representative to close the hearing.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.041. MEDICAL EVIDENCE. (a) At least two physicians,

at least one of whom must be a psychiatrist, must testify at the

transfer hearing. The physicians must have examined the resident

not earlier than the 15th day before the date set for the

hearing.

(b) A person may not be transferred to a mental hospital except

on competent medical or psychiatric testimony.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.042. HEARING DETERMINATION. The court by order shall

approve the transfer of the resident to a state mental hospital

if the court or jury determines that the resident:

(1) is a person with mental illness; and

(2) requires a transfer to a state mental hospital for treatment

for the resident's own welfare and protection or for the

protection of others.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.043. DISCHARGE OF RESIDENT. A resident who is

transferred to a state mental hospital and no longer requires

treatment in a state mental hospital or a residential care

facility shall be discharged.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.044. TRANSFER OF RESIDENTIAL CARE FACILITY. (a)

Except as provided by Section 594.045, a resident who is

transferred to a state mental hospital and no longer requires

treatment in a state mental hospital but requires treatment in a

residential care facility shall be returned to the residential

care facility from which the resident was transferred.

(b) The hospital administrator of the state mental hospital

shall notify the superintendent of the facility from which the

resident was transferred that hospitalization in a state mental

hospital is not necessary or appropriate for the resident. The

superintendent shall immediately provide for the return of the

resident to the facility.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 594.045. RETURN OF COURT-ORDERED TRANSFER RESIDENT. (a)

If a resident has been transferred to a state mental hospital

under a court order under this subchapter, the hospital

administrator of the state mental hospital shall:

(1) send a certificate to the committing court stating that the

resident does not require hospitalization in a state mental

hospital but requires care in a residential care facility because

of mental retardation; and

(2) request that the resident be transferred to a residential

care facility.

(b) The transfer may be made only if the judge of the committing

court approves the transfer as provided by Section 575.013.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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