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RULE §448.1301Court Commitment Services

(a) Facilities accepting court commitments shall be licensed to provide the appropriate level of service:

  (1) emergency detention: residential detoxification or intensive residential services;

  (2) adult inpatient involuntary commitments: intensive residential or residential services for adults;

  (3) adult outpatient involuntary commitments: day treatment or outpatient services;

  (4) juvenile inpatient commitments: intensive residential services for adolescents; and

  (5) juvenile outpatient commitments: day treatment or outpatient services for adolescents.

(b) The facility's court commitment program shall comply with the TEX. HEALTH & SAFETY CODE ANN. ch. 462 (Vernon Supp. 2004).

(c) The facility shall report unauthorized departures to the referring courts. Verbal reports shall be made immediately, with written confirmation within 24 hours.

(d) The program shall provide the judiciary with sufficient written information about its program design, treatment methods, admission processes, lengths of stay and continuum of care to assist the judiciary in committing appropriate clients to the facility.

(e) The program shall accept all chemical dependency clients brought to the facility under an emergency detention warrant, order of protective custody, or civil court order for treatment. A formal screening and assessment is not required before admission.

(f) A program that accepts emergency detentions shall adopt a written policy authorizing use of restraint and/or seclusion and implement procedures that conform with §148.706 of this title (relating to Restraint and Seclusion).

(g) The client record shall contain documentation of the conditions and/or behaviors that caused the client's entry into the civil court commitment process.

(h) The client record shall also contain copies of the legal documents required for civil court commitment as specified by TEX. HEALTH & SAFETY CODE ANN. ch. 462 (Vernon 2001 & Supp. 2004).

(i) The facility shall provide training for at least two designated staff to ensure they understand and comply with court commitment statutes, regulations, and procedures.

Source Note: The provisions of this §448.1301 adopted to be effective September 1, 2004, 29 TexReg 2020; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8842

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