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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 D. PERSONS WITH MENTAL RETARDATION ACT |
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Chapter 593. ADMISSION AND COMMITMENT TO MENTAL RETARDATION SERVICES |
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Subchapter B. APPLICATION AND ADMISSION TO VOLUNTARY MENTAL RETARDATION SERVICES |
Sec. 593.028. RESPITE CARE
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(a) A person may be admitted to a residential care facility for respite care without a determination of mental retardation and interdisciplinary team recommendation if:
(1) there is persuasive evidence that the proposed resident is a person with mental retardation;
(2) space is available at the facility for which respite care is requested;
(3) the facility superintendent determines that the facility provides services that meet the needs of the proposed resident; and
(4) the proposed resident or the proposed resident's family urgently requires assistance or relief that can be provided within a period not to exceed 30 consecutive days after the date of admission.
(b) If the relief sought by the proposed resident or the proposed resident's family has not been provided within 30 days, one 30-day extension may be allowed if:
(1) the facility superintendent determines that the relief may be provided in the additional period; and
(2) the parties agreeing to the original placement consent to the extension.
(c) If an extension is not granted the resident shall be released immediately and may apply for other services.