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TITLE 1ADMINISTRATION
PART 15TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 383INTERSTATE COMPACT ON MENTAL HEALTH AND MENTAL RETARDATION
RULE §383.109Legal Basis for Institutionalization

(a) Persons with mental illness or mental retardation who are involuntarily committed by another state and who are transferred to Texas may be detained for a period not to exceed 96 hours. Detention in excess of 96 hours may only be in accordance with:

  (1) a voluntary admission to a Texas facility;

  (2) a commitment order of a Texas court; or

  (3) an order of protective custody.

(b) An appropriate court in the county of a state MH facility or local authority's service area is authorized to conduct commitment proceedings of persons transferred to the state MH facility or local authority from another state.

(c) Court commitments of persons with mental retardation to a state MR facility are accomplished in accordance with the Texas Health and Safety Code, §593.041 and §593.052.

(d) Voluntary admission of a person with mental retardation to a state MR facility is accomplished in accordance with Chapter 412, Subchapter F of this title (relating to Continuity of Services - State Mental Retardation Facilities).

(e) Voluntary admission of a person with mental illness to a state MH facility is accomplished in accordance with Chapter 402, Subchapter A of this title (relating to Admissions, Transfers, Absences, and Discharges - Mental Health Facilities).


Source Note: The provisions of this §383.109 adopted to be effective November 1, 2001, 26 TexReg 8513; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013

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