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Terms Used In Texas Health and Safety Code 593.030

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

A resident voluntarily admitted to a residential care facility may not be detained more than 96 hours after the time the resident, the resident’s parents if the resident is a minor, or the guardian of the resident’s person requests discharge of the resident as provided by department rules, unless:
(1) the facility director determines that the resident’s condition or other circumstances are such that the resident cannot be discharged without endangering the safety of the resident or the general public;
(2) the facility director files an application for judicial commitment under § 593.041; and
(3) a court issues a protective custody order under § 593.044 pending a final determination on the application.