(a) In accordance with THSC, §§593.003, 593.052, and 593.041, an adult may be committed to a state MR facility for residential services only if:
(1) the adult is determined to have mental retardation in accordance with §415.155 of this title (relating to Determination of Mental Retardation (DMR));
(2) the adult, because of mental retardation:
(3) the adult cannot be adequately and appropriately habilitated in an available, less restrictive setting;
(4) the state MR facility provides habilitative services, care, training, and treatment appropriate to the adult's needs; and
(5) a report by an IDT recommending the placement has been completed in accordance with §412.264 of this title (relating to IDT Recommendation Concerning the Commitment of an Adult or a Minor or the Regular Voluntary Admission of an Adult to a State MR Facility Under the PMRA) during the six months preceding the date of the commitment hearing.
(b) An adult with the capacity to give legally adequate consent may be admitted to a state MR facility under a regular voluntary admission for residential services only if:
(1) in accordance with THSC, §§593.003, 593.013, and 593.026:
(2) the IDT report referenced in paragraph (1)(B) of this subsection includes the following findings:
(c) An adult represents a substantial risk of physical impairment or injury to self or others or is unable to provide for and is not providing for the adult's most basic personal physical needs, as referenced in subsection (a)(2) and (b)(2)(A) of this section, if:
(1) the adult's IQ is four or more standard deviations below the mean, (i.e., in the severe or profound range of mental retardation);
(2) the adult's ICAP service level equals:
(3) the adult meets other objective measures as determined by the department.
Source Note: The provisions of this §904.25 adopted to be effective January 1, 2001, 25 TexReg 12746; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective September 1, 2023, as published in the August 11, 2023, issue of the Texas Register, 48 TexReg 4397