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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 C. COMMITMENT TO RESIDENTIAL CARE FACILITY |
Sec. 593.050. CONDUCT OF HEARING
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(a) The hearing must be open to the public unless the proposed resident or the resident's representative requests that the hearing be closed and the judge determines that there is good cause to close the hearing.
(b) The proposed resident is entitled to be present throughout the hearing. If the court determines that the presence of the proposed resident would result in harm to the proposed resident, the court may waive the requirement in writing clearly stating the reason for the decision.
(c) The proposed resident is entitled to and must be provided the opportunity to confront and cross-examine each witness.
(d) The Texas Rules of Evidence apply. The results of the determination of mental retardation and the current interdisciplinary team report and recommendations shall be presented in evidence.
(e) The party who filed the application has the burden to prove beyond a reasonable doubt that long-term placement of the proposed resident in a residential care facility is appropriate.