(a) The LMHA or LBHA must designate a staff person
who is a qualified mental health professional-community services,
as defined in §301.303 of this title (relating to Definitions),
or LPHA, to assess the child for eligibility within two business days
after a request for referral is received from the LAR or the RTC Project
team. The LMHA or LBHA must determine:
(1) the most appropriate and available treatment options
in accordance with §306.163 of this title (relating to Most Appropriate
and Available Treatment Options); and
(2) there are no other mental health services available
to support the child in their community.
(b) If the child's LAR informs the LMHA or LBHA that
the child is at immediate risk of relinquishment to DFPS conservatorship,
the LMHA or LBHA must assess the child within 24 hours for emergency
eligibility. The children's mental health director or designee must
evaluate if the child is at immediate risk of relinquishment to DFPS
and if so, follow the procedures outlined under §307.217 of this
subchapter (relating to Application Packet) and in the RTC Project
policy manual posted on the HHSC website.
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