Tex. Hum. Res. Code § 221.056 – Residential Treatment Facility

(a) The department may contract with a local mental health authority and local intellectual and developmental disability authority for the establishment of a residential treatment facility for juveniles with mental illness or emotional injury who, as a condition of juvenile probation, are ordered by a court to reside at the facility and receive education services at the facility. The department may work in cooperation with the local mental health authority and local intellectual and developmental disability authority to provide mental health residential treatment services for juveniles residing at a facility established under this section.
(b) A residential treatment facility established under this section must provide juveniles receiving treatment at the facility:
1. (1) a short-term program of mental health stabilization that does not exceed 150 days in duration; and
2. (2) all educational opportunities and services, including special education instruction and related services, that a school district is required under state or federal law to provide for students residing in the district through a charter school operated in accordance with and subject to Subchapter D, Chapter 12, Education Code.
(c) If a residential treatment facility established under this section is unable to provide adequate and sufficient educational opportunities and services to juveniles residing at the facility, the facility may not continue to operate beyond the end of the school year in which the opportunities or services provided by the facility are determined to be inadequate or insufficient.
(d) Notwithstanding any other law and in addition to the number of charters allowed under Subchapter D, Chapter 12, Education Code, the commissioner of education shall grant a charter on the application of a residential treatment facility established under this section for a school chartered for the purposes of this section.
Redesignated and amended from Human Resources Code, Subchapter C, Chapter 141 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.004, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 45, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 7.01, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 30, eff. September 1, 2023.