(a) Requirement to Conduct a Mental Health Screening.
  (1) Within 48 hours after a resident's admission, the facility shall:
    (A) administer a mental health screening instrument approved by TJJD; or
    (B) provide a clinical assessment conducted by a mental health provider.
  (2) The requirement in paragraph (1) of this subsection applies to residents who are released from detention before the 48-hour time limit.
  (3) Notwithstanding the 48-hour time limit in paragraph (1) of this subsection, the mental health screening instrument shall be administered within two hours after a resident's admission if the facility uses the mental health screening instrument to satisfy the suicide screening requirement in §343.340 of this title.
(b) Positive Screening and Mental Health Referral. A resident who receives a positive screening on the mental health screening instrument shall be administered a secondary screening or be referred to a mental health provider or qualified mental health professional.
  (1) Secondary Screening. If the resident is administered a secondary screening, the secondary screening shall be administered immediately.
    (A) If the secondary screening confirms the positive screening and that mental health intervention is warranted, a referral shall be made to a mental health provider or licensed physician within 48 hours.
    (B) If the secondary screening indicates the initial positive screening was false, no further mental health intervention is required.
  (2) Referral to a Mental Health Provider or Qualified Mental Health Professional. If the resident is referred to a mental health provider or qualified mental health professional in lieu of conducting a secondary screening, the referral for consultation shall be made by the end of the following workday.
    (A) The facility shall maintain documentation of the consultation in the resident's file.
    (B) If the mental health provider or qualified mental health professional recommends that further mental health intervention is needed, the resident must be referred to a mental health provider or a licensed physician within 48 hours after the recommendation.
(c) Documentation.
  (1) The date, time, and name of the person who administered the mental health screening instrument shall be clearly and legibly documented on the completed instrument.
  (2) Documentation of any referrals, completed assessments, and evaluations, including dates and times, shall be retained in the juvenile's file and forwarded to the supervising juvenile probation officer. If the juvenile has a positive screening but is released before the secondary screening or mental health consultation is completed and no further juvenile justice intervention is required, documentation relating to the positive screening shall also be forwarded to the juvenile's parent, legal guardian, or custodian.
(d) Training. The individual administering the mental health screening instrument shall have received training from:
  (1) TJJD on administering the mental health screening instrument; or
  (2) an individual who is documented to have received training from TJJD on administering the mental health screening instrument.

Source Note: The provisions of this §343.404 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243