(a) The LMHA or LBHA must designate a staff person who is a qualified mental health professional-community services, as defined in §301.303 of this title (relating to Definitions), or LPHA, to assess the child for eligibility within two business days after a request for referral is received from the LAR or the RTC Project team. The LMHA or LBHA must determine:
  (1) the most appropriate and available treatment options in accordance with §306.163 of this title (relating to Most Appropriate and Available Treatment Options); and
  (2) there are no other mental health services available to support the child in their community.
(b) If the child's LAR informs the LMHA or LBHA that the child is at immediate risk of relinquishment to DFPS conservatorship, the LMHA or LBHA must assess the child within 24 hours for emergency eligibility. The children's mental health director or designee must evaluate if the child is at immediate risk of relinquishment to DFPS and if so, follow the procedures outlined under §307.217 of this subchapter (relating to Application Packet) and in the RTC Project policy manual posted on the HHSC website.

Source Note: The provisions of this §307.213 adopted to be effective April 10, 2023, 48 TexReg 1829