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inquiringminds Asked December 2016

Can a resident of an assisted living facility be given an "immediate" eviction/discharge?

I was told that, in Texas, a resident of an assisted living facility could be "immediately" discharged in the event that they presented a threat to harm others at the facility. Not thirty days, eight days, but immediately. Is this accurate? And if so, where is that codified in law?

Llamalover47 Dec 2016
It is just common sense that if a patient is threatening or endangering others where they live at the AL PROMPT action MUST BE ENFORCED!

JoAnn29 Dec 2016
Moms AL will work with u. Mom is combative after a UTI and staying in the hospital/rehab for 3 weeks. With a Dr. Script a mild medication is going to be tried. Now my friends father became so violent the police were called. He was taken to Princeton NJ where there is a facility that helps adjust the patients meds and more closely monitored patients. Sorry to say, their r some long term nursing facilities that won't keep a violent patient.

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inquiringminds Dec 2016
Thank you Gladimhere & Jmsrbrt! That's exactly what I was looking for.

Dad_Was_Robbed Dec 2016
If the person living in assisted living is being evicted, the family or even APS should be contacted if the person being evicted has nowhere to go. Definitely let either the family or APS handle it

jmsrbrt Dec 2016
From the law quoted: (Facility shall) terminate a resident's contract for just cause after a written 30-day notice;
(3) terminate a contract immediately, after notice to the department, if the provider finds that a resident creates a serious or immediate threat to the health, safety, or welfare of other residents of the assisted living facility;

Rocknrobin Dec 2016
Read the lease agreement your person signed. In my 10 years with an AL in Illinois, if a resident was a threat to themselves or anyone else, or they were a wandering threat, immediate discharge. If a family member stayed with them 24/7 they could have time to make arrangements to place them. Then the family member was responsible for them.

ferris1 Dec 2016
The law is clear. When one is a threat to anyone else, immediate actions have to be taken. We no longer tie people to a bed...My professional opinion is that there had been numerous documented incidents before giving the eviction notice. The facility is responsible for all residents, not just one.

gladimhere Dec 2016
Yes, look at section 247.065(3)
http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.247.htm

It makes sense, the facility could lose their license, they have many people that they are responsible for keeping safe. There have been killings by residents of other residents in facilities when not addressed immediately.

pamstegma Dec 2016
According to DADS the incident must be reported to the local police, who investigate and would take the offender to jail. The offender appears before a judge who would likely order a psychiatric inpatient evaluation. So if the facility is telling you that your patient is becoming aggressive, act quickly to correct the situation.

GardenArtist Dec 2016
I think from some of phraseology that you're a law student. Am I correct? If so, I think you already know how to research Texas statutes.

Or do you have a relative in a Texas AL facility? Is that your concern?

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