Current through Reg. 49, No. 38; September 20, 2024
(a) As required by
Texas Government Code, §
531.153,
a program provider must incorporate permanency planning as an integral part of
the IPP for each individual under 22 years of age residing in the facility. In
order to accomplish the permanency planning goal in accordance with §
261.244(f) of this chapter (relating to Applicant Enrollment in the ICF/MR
Program), the program provider must identify in the IPP, as appropriate to the
individual's needs:
(1) for an individual
under 18 years of age, the activities, supports, and services that, when
provided or facilitated by the program provider or MRA, will enable the
individual to live with a family; or
(2) for an individual age 18 to 22 years of
age, the activities, supports, and services that, when provided or facilitated
by the program provider or MRA, will result in the individual having a
consistent and nurturing environment in the least restrictive setting, as
defined by the individual and LAR.
(b) A program provider must take the
following actions to assist an MRA in conducting permanency planning for an
individual under 22 years of age:
(1)
cooperate with the MRA responsible for conducting permanency planning by:
(A) allowing access to an individual's
records or providing other information in a timely manner as requested by the
MRA or the Health and Human Services Commission;
(B) participating in meetings to review the
individual's permanency plan; and
(C) identifying, in coordination with the
individual's MRA, activities, supports, and services that can be provided by
the family, LAR, program provider, or the MRA to prepare the individual for an
alternative living arrangement;
(2) encourage regular contact between the
individual and LAR and, if desired by the individual and LAR, between the
individual and advocates and friends in the community to continue supportive
and nurturing relationships;
(3)
encourage participation in IDT meetings by the LAR, and, if desired by the
individual or LAR, by family members, advocates, and friends in the
community;
(4) provide the IPP
summary to the individual's MRA;
(5) keep a copy of the individual's current
permanency plan in the individual's record; and
(6) refrain from providing the LAR with
inaccurate or misleading information regarding the risks of moving the
individual to another facility or community setting.
(c) Within three days after the admission of
an individual under 22 years of age, a program provider must notify the
following entities of such admission and provide information in accordance with
subsection (d) of this section:
(1) the MRA
in whose local service area the facility is located (see
www.dads.state.tx.us/contact/mra/index.cfm for a listing of MRAs by county or
city);
(2) the CRCG for the county
in which the LAR lives (see www.hhsc.state.tx.us/crcg/crcg.htm for a listing of
CRCG chairpersons by county); and
(3) the local school district for the area in
which the facility is located, if the individual is at least three years of
age, or the early childhood intervention (ECI) program for the county in which
the facility is located, if the individual is less than three years of age (see
www.dars.state.tx.us/ecis/index.shtml or call 1-800-250-2246 for a listing of
ECI programs by county).
(d) The program provider's notification given
by the program provider in accordance with subsection (c) of this section must
include the following information about an individual:
(1) full name;
(2) gender;
(3) ethnicity;
(4) birth date;
(5) Social Security number;
(6) LAR's name, address and county of
residence;
(7) date of admission to
the facility;
(8) name and address
of the facility;
(9) name and phone
number of person submitting the notification;
(10) those services from the following
listing that will facilitate the individual's permanency planning outcomes:
(A) personal and family support services
provided in the individual's home;
(B) residential services provided outside the
individual's family or own home;
(C) vocational services; and
(D) training services provided outside of the
individual's family or own home, including specialized professional
services.
(e)
A program provider must:
(1) request from and
encourage an LAR to provide the following information for an individual during
the annual IPP meeting and, for an applicant, upon admission:
(A) the LAR's:
(i) name;
(ii) address;
(iii) telephone number;
(iv) driver license number and state of
issuance or personal identification card number issued by the Department of
Public Safety; and
(v) place of
employment and the employer's address and telephone number;
(B) the name, address, and
telephone number of a relative of the individual or other person whom DADS or
the program provider may contact in an emergency situation, a statement
indicating the relationship between that person and the individual, and at the
LAR's option:
(i) that person's driver
license number and state of issuance or personal identification card number
issued by the Department of Public Safety; and
(ii) the name, address, and telephone number
of that person's employer; and
(C) a signed acknowledgement of
responsibility stating that the LAR agrees to:
(i) notify the program provider of any
changes to the contact information submitted; and
(ii) make reasonable efforts to participate
in the individual's life and in planning activities for the individual;
and
(2)
inform the LAR that if the information described in paragraph (1) of this
subsection is not provided or is not accurate and the program provider and DADS
are unable to locate the LAR as described in subsections (j) and (k) of this
section, DADS refers the case to the Department of Family and Protective
Services.
(f) For an
individual under 22 years of age, a program provider must:
(1) make reasonable accommodations to promote
the participation of the LAR in all planning and decision-making regarding the
individual's care, including participating in:
(A) the initial development and annual review
of the individual's IPP;
(B)
decision-making regarding the individual's medical care;
(C) routine IDT meetings; and
(D) decision-making and other activities
involving the individual's health and safety; and
(2) ensure that reasonable accommodations
include:
(A) conducting a meeting in person
or by telephone, as mutually agreed upon by the program provider and the
LAR;
(B) conducting a meeting at a
time and, if the meeting is in person, at a location that is mutually agreed
upon by the program provider and the LAR;
(C) if the LAR has a disability, providing
reasonable accommodations in accordance with the Americans with Disabilities
Act, including providing an accessible meeting location or a sign language
interpreter, if appropriate; and
(D) providing a language interpreter, if
appropriate.
(g) For an individual under 22 years of age,
a program provider must provide written notice to the LAR of a meeting to
conduct an annual review of the individual's IPP no later than 21 days before
the meeting date and request a response from the LAR.
(h) If an emergency situation occurs, a
program provider must attempt to notify the LAR as soon as the emergency
situation allows and request a response from the LAR.
(i) If an LAR does not respond to a notice of
the individual's IPP review meeting, a request for the LAR's consent, or an
emergency situation, the program provider must attempt to locate the LAR by
contacting a person identified by the LAR in the contact information described
in subsection (e) of this section.
(j) No later than 30 days after the date a
program provider determines that it is unable to locate the LAR, the program
provider must notify DADS of that determination and request that DADS initiate
a search for the LAR.
(k) If,
within one year of the date DADS receives the notification described in
subsection (j) of this section, DADS is unable to locate the LAR, DADS refers
the case to:
(1) the Child Protective
Services Division of the Department of Family and Protective Services if the
individual is under 18 years of age; or
(2) the Adult Protective Services Division of
the Department of Family and Protective Services if the individual is 18-22
years of age.
(l) Before
an individual who is under 18 years of age, or who is 18-22 years of age and
for whom an LAR has been appointed, is Transferred to another facility operated
by the transferring program provider, the program provider must attempt to
obtain consent for the transfer from the LAR unless the transfer is made
because of a serious risk to the health and safety of the individual or another
person.
(m) A program provider must
document compliance with the requirements of this section in the individual's
record.
