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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 7. MENTAL HEALTH AND MENTAL RETARDATION |
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Subtitle A. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION |
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Chapter 533. POWERS AND DUTIES |
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Subchapter B. POWERS AND DUTIES RELATING TO PROVISION OF SERVICES |
Sec. 533.038. FACILITIES AND SERVICES FOR CLIENTS WITH MENTAL RETARDATION
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(a) The department may designate all or any part of a department facility as a special facility for the diagnosis, special training, education, supervision, treatment, care, or control of clients with mental retardation.
(b) The department may specify the facility in which a client with mental retardation under the department's jurisdiction is placed.
(c) The department may maintain day classes at a department facility for the convenience and benefit of clients with mental retardation of the community in which the facility is located and who are not capable of enrollment in a public school system's regular or special classes.
(d) A person with mental retardation, or a person's legally authorized representative, seeking residential services shall receive a clear explanation of programs and services for which the person is determined to be eligible, including state schools, community ICF-MR programs, waiver services under Section 1915(c) of the federal Social Security Act (42 U.S.C. Section 1396n(c)), or other services. The preferred programs and services chosen by the person or the person's legally authorized representative shall be documented in the person's record. If the preferred programs or services are not available, the person or the person's legally authorized representative shall be given assistance in gaining access to alternative services and the selected waiting list.
(e) The department shall ensure that the information regarding program and service preferences collected under Subsection (d) is documented and maintained in a manner that permits the department to access and use the information for planning activities conducted under Section 533.032.
(f) The department may spend money appropriated for the state school system only in accordance with limitations imposed by the General Appropriations Act.