(a) The requirements of this section do not apply to a request to place a child in an institution if the child:
(1) is involved in an emergency situation, as defined by rules the executive commissioner adopts; or
(2) has been committed to an institution under:
(A) Chapter 46B, Code of Criminal Procedure; or
(B) Chapter 55, Family Code.
(b) The executive commissioner by rule shall develop and implement a system by which the commission ensures that, for each child with respect to whom the commission or a local intellectual and developmental disability authority is notified of a request for placement in an institution, the child’s parent or guardian is fully informed before the child is placed in the institution of all community-based services and any other service and support options for which the child may be eligible. The system must be designed to ensure that the commission provides the information through:
(1) a local intellectual and developmental disability authority;
(2) any private entity that has knowledge and expertise regarding the needs of and full spectrum of care options available to children with disabilities as well as the philosophy and purpose of permanency planning; or
(3) a commission employee.

(c) The commission shall develop comprehensive information consistent with the policy stated in § 546.0202 to explain to a parent or guardian considering placing a child in an institution:
(1) options for community-based services;
(2) the benefits to the child of residing in a family or community setting;
(3) that the child’s placement in an institution is considered temporary in accordance with § 546.0215; and
(4) that an ongoing permanency planning process is required under this subchapter and other state law.
(d) An institution in which a child’s parent or guardian is considering placing the child may provide the information required under Subsection (b), but the information must also be provided by a local intellectual and developmental disability authority, private entity, or employee of the commission as required by that subsection.
(e) Except as otherwise provided by this subsection and Subsection (a), the commission shall ensure that, not later than the 14th working day after the date the commission is notified of a request for a child’s placement in an institution, the child’s parent or guardian is provided the information described by Subsections (b) and (c). The commission may provide the information after the 14th working day after the date the commission is notified of the request if the child’s parent or guardian waives the requirement that the information be provided within the period otherwise required by this subsection.

Text of section effective on April 01, 2025