A court-appointed attorney must also inform the proposed patient that they may obtain personal legal counsel at their own expense instead of accepting the court-appointed counsel. Minors under age 18 may not refuse psychoactive medication authorized by a parent or guardian, or discharge themselves from a voluntary mental health facility if guardian or parent objects. The executive commissioner of the Health and Human Services Commission HHSC will ensure that each resident at a facility and the resident's legally authorized representative are notified of the rules and policies related to restraints and seclusion.
A peace officer, without a warrant, may take a person into custody, regardless of the age of the person, if the officer:. A physician shall examine the person as soon as possible within 12 hours after the time the person is brought into a facility by the peace officer or transported for emergency detention by the person's guardian.
A person may be admitted to a facility for emergency detention only if the physician who conducted the preliminary examination of the person makes a written statement that:. A person transported by a peace officer for emergency detention, or detained will be released on completion of the preliminary examination unless the person is admitted to a facility.
Mental Health Resources and Protections. File a Complaint To file a complaint with the U. A patient of an institution has: the right to register and vote at an election; the right to acquire, use, and dispose of property, including contractual rights; the right to sue and be sued; all rights relating to the grant, use, and revocation of a license, permit, privilege, or benefit under law; the right to religious freedom; and all rights relating to domestic relations.
An individual who is a patient in an inpatient mental health facility has the right to: receive visitors; communicate with a person outside the facility by telephone or mail; and communicate by telephone or mail with legal counsel, the state agency, the courts, and the state attorney general. A patient receiving mental health services has the right to: appropriate treatment in the least restrictive appropriate setting available; not receive unnecessary or excessive medication; refuse to participate in a research program; an individualized treatment plan and to participate in developing the plan; and a humane treatment environment that provides reasonable protection from harm and appropriate privacy for personal needs.
A person may not administer a psychoactive medication to a patient receiving voluntary or involuntary mental health services who refuses unless: the patient is having a medication-related emergency; the patient is younger than 16 years of age, or the patient is younger than 18 years of age and is a patient admitted for voluntary mental health services, and the parent, managing conservator, or guardian consents to the administration on behalf of the patient; or the refusing patient's representative authorized by law to consent on their behalf has consented to the administration.
The plan must address the patient's mental health and physical needs, including: the need for outpatient mental health services following furlough or discharge; and the need for sufficient psychoactive medication on furlough or discharge to last until the patient can see a physician. The physician shall deliver the plan and other appropriate information to the community center or other provider that will deliver the services if: the services are provided by: a community center or other provider that serves the county in which the patient will reside and that has been designated to perform continuing care services; or any other provider that agrees to accept the referral; and the provision of care by the center or provider is appropriate.
A patient who is to be discharged may refuse the continuing care services. Guardianship Texas Probate Code, Sections A and b The guardian of an adult may expend funds of the guardianship as provided by court order to care for and maintain an individual who has been determined to be incapacitated. The LMHA must ensure that individuals are engaged with treatment services that are: ongoing and matched to the needs of the individual in type, duration, and intensity; focused on a process of recovery designed to allow the individual to progress through levels of service; guided by evidence-based protocols and a strength-based paradigm of service; and monitored by a system that holds the local authority accountable for specific outcomes, while allowing flexibility to maximize local resources.
An LMHA ensures the provision of assessment services, crisis services, and intensive and comprehensive services using disease management practices for children with serious emotional, behavioral, or mental disturbance and adults with severe mental illness who are experiencing significant functional impairment due to a mental health disorder that is defined by the DSM-5 , including: major depressive disorder, including single episode or recurrent major depressive disorder; post-traumatic stress disorder; schizoaffective disorder, including bipolar and depressive types; obsessive-compulsive disorder; anxiety disorder; attention deficit disorder; delusional disorder; bulimia nervosa, anorexia nervosa, or other eating disorders not otherwise specified; or any other diagnosed mental health disorder.
Before a hearing, the attorney must: review the application filed for court-ordered mental health services, the certificates of medical examination for mental illness, and the relevant medical records; interview supporting witnesses and other witnesses who will testify at the hearing; and explore the least restrictive treatment alternatives to court-ordered inpatient mental health services.
The attorney must discuss with the proposed patient: the procedures for appeal, release, and discharge if the court orders participation in mental health services; and other rights the proposed patient may have during the period of the court's order. Restraints and Seclusion Texas Health and Safety Code, Chapter A person may not administer to a resident of an inpatient facility a restraint that: obstructs the resident's airway, including a procedure that places anything in, on, or over the resident's mouth or nose; impairs the resident's breathing by putting pressure on the torso; or interferes with the resident's ability to communicate.
State hospitals and state schools have operated community service programs in counties not served by community centers. With a growing commitment to service outside institutional walls, TXMHMR has promoted the development of community programs in every county of the state. The department has a number of funding sources, drawing money from the state treasury, the federal government, grants, contracts with other state agencies, and fees collected from patients able to pay for services.
In a class action lawsuit was filed against the department challenging conditions in state hospitals. Under this lawsuit, known as RAJ v. Jones , the state hospitals were placed under court monitoring. In a settlement was reached setting forth specific compliance criteria for each hospital to meet. The settlement called for the department to conduct self-monitoring of specific treatment issues, with each facility exiting the lawsuit once it meets the specified criteria.
In the field of mental retardation, Texas began greater emphasis on care and treatment options in the community in the s. The state's first institution for individuals with mental retardation was opened in and was known as the State Colony for Feebleminded.
The name was changed to Austin State School in By there were thirteen state schools housing about 7, individuals, down from the all-time high of 12, in In the s, both through policy direction and through court rulings stemming from the Lelsz v. Kavanagh class action lawsuit, the department began downsizing its state school population. The lawsuit, filed in , sought improved conditions at state schools and greater community placement of individuals with mental retardation.
A settlement, the third in the long-running case, was reached in Under the agreement, the suit will be dismissed when the first of two state schools is closed and individuals have been placed in community living arrangements. Department officials said they expected to have both schools closed by September 1, Acts , 86th Leg. June 14, The commissioners court of a county may establish a mental health court program for persons who:.
Acts , 79th Leg.
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