(a) The child must:
  (1) be a resident of the State of Texas;
  (2) be younger than 18 years of age;
  (3) have an SED as determined by a professional authorized to make the determination within the scope of their Texas state license, permit, or other certification;
  (4) require residential treatment services, as outlined in §307.213 of this subchapter (relating to Assessing Eligibility); and
  (5) not be in DFPS managing conservatorship by written court order issued under Texas Family Code Chapter 153.
(b) The child's parent or managing conservator must be at risk of relinquishing parental conservatorship of the child if there are no community-based mental health or financial resources available to adequately protect the safety and well-being of the child or others, including household members, because of the child's SED.
(c) The child's LAR must attest to the appropriate referral source as described in §307.209(a) of this subchapter (relating to Referral Process) that the family is at risk of relinquishing the child for the sole purpose of accessing mental health services.
(d) The RTC Project limits the number of children for participation in the RTC Project based on funding and placement availability.

Source Note: The provisions of this §307.207 adopted to be effective April 10, 2023, 48 TexReg 1829