Texas § HS.572.001 - REQUEST FOR ADMISSION

§ HS.572.001. REQUEST FOR ADMISSION

REQUEST FOR ADMISSION. (a) A person 16 years of age or older may request admission to an inpatient mental health facility or for outpatient mental health services by filing a request with the administrator of the facility where admission or outpatient treatment is requested. Subject to Subsection (c-1), the parent, managing conservator, or guardian of a person younger than 18 years of age may request the admission of the person to an inpatient mental health facility or for outpatient mental health services by filing a request with the administrator of the facility where admission or outpatient treatment is requested. (a-1) A person eligible to consent to treatment for the person under Section 32.001 (a)(1), (2), or (3), Family Code, may request temporary authorization for the admission of the person to an inpatient mental health facility by petitioning under Chapter 35A , Family Code, in the district court in the county in which the person resides for an order for temporary authorization to consent to voluntary mental health services under this section. The petitioner for temporary authorization may be represented by the county attorney or district attorney. (a-2) Except as provided by Subsection (c-1), an inpatient mental health facility may admit or provide services to a person 16 years of age or older and younger than 18 years of age if the person's parent, managing conservator, or guardian consents to the admission or services, even if the person does not consent to the admission or services. (b) An admission request must be in writing and signed by the person requesting the admission. (c) A person or agency appointed as the guardian or a managing conservator of a person younger than 18 years of age and acting as an employee or agent of the state or a political subdivision of the state may request admission of the person younger than 18 years of age to an inpatient mental health facility only as provided by Subsection (c-2) or pursuant to an application for court-ordered mental health services or emergency detention or an order for protective custody. (c-1) A person younger than 18 years of age may not be involuntarily committed unless provided by this chapter, Chapter 55 , Family Code, or department rule. (c-2) The Department of Family and Protective Services may request the admission to an inpatient mental health facility of a minor in the managing conservatorship of that department only if a physician states the physician's opinion, and the detailed reasons for that opinion, that the minor is a person: (1) with mental illness or who demonstrates symptoms of a serious emotional disorder; and (2) who presents a risk of serious harm to self or others if not immediately restrained or hospitalized. (c-3) The admission to an inpatient mental health facility under Subsection (c-2) of a minor in the managing conservatorship of the Department of Family and Protective Services is a significant event for purposes of Section 264.018 , Family Code, and the Department of Family and Protective Services shall provide notice of the significant event: (1) in accordance with that section to all parties entitled to notice under that section; and (2) to the court with continuing jurisdiction before the expiration of three business days after the minor's admission. (c-4) The Department of Family and Protective Services periodically shall review the need for continued inpatient treatment of a minor admitted to an inpatient mental health facility under Subsection (c-2). If following the review that department determines there is no longer a need for continued inpatient treatment, that department shall notify the facility administrator designated to detain the minor that the minor may no longer be detained unless an application for court-ordered mental health services is filed. (d) The administrator of an inpatient or outpatient mental health facility may admit a minor who is 16 years of age or older to an inpatient or outpatient mental health facility as a voluntary patient without the consent of the parent, managing conservator, or guardian. (e) A request for admission as a voluntary patient must state that the person for whom admission is requested agrees to voluntarily remain in the facility until the person's discharge and that the person consents to the diagnosis, observation, care, and treatment provided until the earlier of: (1) the person's discharge; or (2) the period prescribed by Section 572.004 . Amendments to this section made by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7 ), take effect on September 1, 2018, but only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7 ), Sec. 74, which states: Subchapter F , Chapter 261 , Family Code, as added by this Act, Section 262.206 , Family Code, as added by this Act, Section 572.001 , Health and Safety Code, as amended by this Act, and Section 25.07 (a), Penal Code, as amended by this Act, take effect only if a specific appropriation for the implementation of those sections is provided in a general appropriations act of the 85th Legislature. Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 705, Sec. 4.01, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 393, Sec. 1, eff. Aug. 28, 1995; Acts 2003, 78th Leg., ch. 1000, Sec. 1, eff. June 20, 2003. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 566 (S.B. 718 ), Sec. 2, eff. June 14, 2013. Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7 ), Sec. 41, eff. September 1, 2018. Acts 2019, 86th Leg., R.S., Ch. 988 (S.B. 1238 ), Sec. 2, eff. September 1, 2019.