Institutional Rights and Civil Liberties

Our agency works to protect and advance the civil rights of people with disabilities, helps people with disabilities when their rights have been violated and seeks to ensure that people with disabilities have access to information about their rights.

Every individual is guaranteed certain rights under the United States Constitution, the Texas Constitution and other laws. Some of these rights include:

The right to reasonably safe conditions of confinement, including access to adequate medical care and rehabilitation services
The right to refuse medication and unwanted medical treatment
The right to live in the most integrated setting

Some examples of our work in the area of protection and civil rights include:

Investigating allegations of abuse, neglect or exploitation of people with disabilities
Ensuring that restraint and seclusion are only used in compliance with laws, regulations and best practices
Ensuring that the rights of individuals with disabilities who come into contact with law enforcement are protected

These resources are provided for informational purposes only and are not a substitute for the advice of an attorney.

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Featured Resources

Warehoused: Inappropriate Institutionalization of Texas Foster Youth

Learn about how foster youth were admitted for five- to seven-day emergency stays in psychiatric hospitals but then remained for months after professionals determined they were ready for discharge. Continue reading Warehoused: Inappropriate Institutionalization of Texas Foster Youth

Handouts

Nursing Facilities and COVID-19

Because of the COVID-19 pandemic, the State of Texas has temporarily modified some of the rights of nursing facility residents. This Q&A guide discusses many of the changes, including the care and treatment of residents. Continue reading Nursing Facilities and COVID-19

Your Legal Rights Under Emergency Commitment

This handout provides the information you need to know about your rights if you are taken to an in-patient mental health facility on an emergency commitment. Continue reading Your Legal Rights Under Emergency Commitment

Voluntary Patient Rights

This handout explains your rights when seeking voluntary inpatient mental health treatment. Continue reading Voluntary Patient Rights

Rights of People Receiving Involuntary Inpatient Mental Health Services

All people have certain basic legal rights, including people who have mental illness and people who are in mental health facilities. This handout summarizes those rights. Continue reading Rights of People Receiving Involuntary Inpatient Mental Health Services

Discharge Rights of Patients in Inpatient Mental Health Facilities

This handout explains what discharge is and the discharge planning rights for patients in inpatient mental health facilities. Continue reading Discharge Rights of Patients in Inpatient Mental Health Facilities

Restraint and Seclusion Guidelines: Rights of People Receiving Behavioral Interventions

If you are placed in a mental health facility, this handout has information you need to know about restraint and seclusion. Continue reading Restraint and Seclusion Guidelines: Rights of People Receiving Behavioral Interventions

Legally Adequate Consent

This handout explains the requirements of legally adequate consent under state law, when legally adequate consent is necessary and who is authorized to give the needed consent for a person with a disability. Continue reading Legally Adequate Consent

Suing a Government Entity for an Injury

This handout explains what you must do if you have been hurt by a governmental entity and are thinking about filing a lawsuit. Continue reading Suing a Government Entity for an Injury

How to Make a Complaint About Inpatient Mental Health Services

This handout tells you about the complaint process in state hospitals and state centers operated by the Texas Department of State Health Services (“TDSHS”). Continue reading How to Make a Complaint About Inpatient Mental Health Services

How to Make an Advance Directive

Texas law allows you to create a Declaration for Mental Health Treatment (Advance Directive) to control your mental health treatment in the event you become unable to make treatment decisions at a later date. Continue reading How to Make an Advance Directive

Disability Discrimination in Correctional Facilities

This handout provides information about possible agencies, complaint procedures and deadlines that often apply when a person with a disability has a complaint against a prison, jail or juvenile justice facility. Continue reading Disability Discrimination in Correctional Facilities

Publications

How to Change Your Guardianship without a Lawyer

A guide to asking for a successor guardian or guardianship restoration, modification, and removal in Texas. Continue reading How to Change Your Guardianship without a Lawyer