The department must accept certain committed children with mental illness or intellectual disabilities, and must discharge them when the stated conditions are met.
Sec. 244.011. CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITIES. (a) The department shall accept a child with mental illness or intellectual disabilities who is committed to the department. (b) Unless the child is committed to the department under a determinate sentence under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, the department shall discharge a child with mental illness or intellectual disabilities from its custody if: (1) the child has completed the minimum length of stay for the child's committing offense; and (2) the department determines that the child is unable to progress in the department's rehabilitation programs because of the child's mental illness or intellectual disabilities. (c) If a child who is discharged from the department under Subsection (b) as a result of mental illness is not receiving court-ordered mental health services, the child's discharge is effective on the earlier of: (1) the date the court enters an order regarding an application for mental health services filed under Section 244.012(b); or (2) the 30th day after the date the application is filed. (d) If a child who is discharged from the department under Subsection (b) as a result of mental illness is receiving court-ordered mental health services, the child's discharge from the department is effective immediately. If the child is receiving mental health services outside the child's home county, the department shall notify the mental health authority located in that county of the discharge not later than the 30th day after the date that the child's discharge is effective. (e) If a child who is discharged from the department under Subsection (b) as a result of an intellectual disability is not receiving intellectual disability services, the child's discharge is effective on the earlier of: (1) the date the court enters an order regarding an application for intellectual disability services filed under Section 244.012(b); or (2) the 30th day after the date that the application is filed. (f) If a child who is discharged from the department under Subsection (b) as a result of an intellectual disability is receiving intellectual disability services, the child's discharge from the department is effective immediately. (g) If a child with mental illness or intellectual disabilities is discharged from the department under Subsection (b), the child is eligible to receive continuity of care services from the Texas Correctional Office on Offenders with Medical or Mental Impairments under Chapter 614, Health and Safety Code. Acts 1979, 66th Leg., p. 2389, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 177, ch. 44, art. 2, Sec. 41, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1099, Sec. 36, eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 262, Sec. 60, eff. May 31, 1995; Acts 1997, 75th Leg., ch. 1086, Sec. 33, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 1477, Sec. 32, eff. Sept. 1, 1999. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1038 (H.B. 4451), Sec. 1, eff. June 19, 2009. Transferred, redesignated and amended from Human Resources Code, Subchapter E, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. Amended by: Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 7.02, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 7.03, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 41, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 42, eff. September 1, 2023.