HBA-CBW C.S.H.B. 2322 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2322 By: Coleman Judicial Affairs 4/30/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law limits the ability of a court-appointed guardian of an incapacitated person to voluntarily admit that person to a public or private inpatient psychiatric facility or to a residential facility for care and treatment to an emergency admission, respite care, or if the person in the guardian's care is younger than 16 years of age. C.S.H.B. 2322 authorizes a guardian of the person of a ward 16 years of age or older to apply to the court that granted the guardianship for authority to consent to the voluntary admission of the ward to a public or private inpatient psychiatric facility for care and treatment. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 2322 amends the Texas Probate Code to authorize a guardian of the person of a ward 16 years of age or older (ward) to apply to the court that granted the guardianship for authority to consent to the voluntary admission of the ward to a public or private inpatient psychiatric facility for care and treatment. Not later than 72 hours after the time the application is filed, the bill requires the court to appoint an attorney ad litem for the ward, hold a hearing, and issue an order granting or denying the application. The bill requires the court to grant the application and to enter an order authorizing the guardian to consent to the voluntary admission of the ward to an inpatient psychiatric facility for care and treatment for a period not to exceed 14 days only if the court finds by clear and convincing evidence that admission for inpatient mental health services meets certain criteria. The existence of an order does not preclude the authorized discharge of a ward at a date earlier than the date in the order (Sec. 770). The bill sets forth provisions pertaining to the costs for such a proceeding. The bill prohibits the state or a county from paying any costs for a ward admitted for care and treatment to a private mental hospital unless a public facility is not available and the commissioners court of the county in which the proceeding is held authorizes the payment, if appropriate. The bill requires the judge of the probate court to order the clerk of the court to refund the costs when an inpatient mental health facility files an affidavit with the clerk of the court certifying that it has received no compensation or reimbursement for the treatment of a ward for whom court costs have been paid or advanced (Sec. 770A). C.S.H.B. 2322 amends the Health and Safety Code to authorize the facility administrator or the administrator's authorized, qualified designee to admit a person for whom a proper request for voluntary inpatient services is filed if the administrator or the designee determines that the admission was voluntarily agreed to by the person's guardian if the person is an incapacitated person 16 years of age or older and the guardian is authorized to consent to the admission (Sec. 572.002). C.S.H.B. 2322 amends the Local Government Code to add to the fee schedule for a probate court action a filing fee of $40 to file an application for voluntary admission of a ward to an inpatient psychiatric facility (Sec. 118.052). EFFECTIVE DATE September, 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2322 differs from the original bill by authorizing a guardian of the person of a ward 16 years of age or older (ward) to apply to the court that granted the guardianship for authority to consent to the voluntary admission of the ward to a public or private inpatient psychiatric facility for care and treatment. The original provided that a guardian of the person of a ward, regardless of age, had the authority to consent to the voluntary admission of the ward to a public or private inpatient psychiatric facility if the guardian held letters of guardianship under an order specifically granting the guardian that authority. The substitute requires the court to appoint an attorney ad litem for the ward, hold a hearing, and issue an order granting or denying the application not later than 72 hours after the time the application is filed. The original required the guardian to return to the court, not longer than 24 hours after the time of the admission of a ward, a report of the admission and a specified statement and provided that the report must include the reason for the admission. In addition, the original made provisions for admission on a Saturday, Sunday, or legal holiday. The substitute modifies the maximum time period for admission for the care and treatment of a ward from 15 days for a single admission or 45 days during any 12-month period to 14 days and modifies the conditions under which an admission is permissible (Sec. 770, Texas Probate Code). The substitute sets forth provisions regarding the costs of proceedings and prohibits the state or a county from paying any costs for a ward admitted for care and treatment to a private mental hospital unless certain conditions are met. The substitute requires the judge of the probate court to order the clerk of the court to refund the costs under certain conditions (Sec. 770A, Texas Probate Code). The substitute authorizes the facility administrator or the administrator's authorized, qualified designee to admit a person for voluntary inpatient services if the administrator or the designee determines that the admission was voluntarily agreed to by the person's guardian if the person is an incapacitated person 16 years of age or older and the guardian is authorized to consent to the admission (Sec. 572.002, Health and Safety Code). The substitute adds to the filing fee schedule a fee for filing an application for voluntary admission of a ward to an inpatient psychiatric facility (Sec. 118.052, Local Government Code). The substitute removes provisions authorizing the court to appoint a guardian ad litem, attorney ad litem, or both. The substitute removes the provision that provides that the order of the court appointing a guardian must specify whether the guardian has the authority to consent to the voluntary admission of the ward to a public or private inpatient psychiatric facility.