Current through Reg. 49, No. 38; September 20, 2024
(a) Inquiry List. A
list, maintained by each LMHA, of children and adolescents as defined by §
307.3 of this title (relating to
Definitions) who are interested in receiving YES Waiver program services and
who reside in the LMHA's service area.
(1)
Only a child or adolescent or the child's or adolescent's LAR may place a
child's or adolescent's name on the inquiry list.
(2) The LMHA must assign the child or
adolescent a registration date on the inquiry list that is based on the
chronological date and time the phone call or voice message requesting YES
Waiver program services was received.
(b) Maintenance of Inquiry List. The LMHA
must maintain an up-to-date inquiry list.
(1)
The LMHA must remove a child's or adolescent's name from the inquiry list if it
is documented that:
(A) the child or
adolescent or LAR has requested verbally or in writing that the child or
adolescent's name be removed from the inquiry list;
(B) the child or adolescent or LAR has
declined verbally or in writing YES Waiver program services;
(C) the child or adolescent or LAR has not
responded to the LMHA's notification of a waiver vacancy within 30 calendar
days of the LMHA's notification of the vacancy;
(D) the child or adolescent has moved out of
Texas; or
(E) the child or
adolescent is deceased.
(2) If a child's or adolescent's name is
removed from an inquiry list in accordance with paragraph (1) of this
subsection, and if the child or adolescent, LAR, or LMHA requests that the
child's or adolescent's name be reinstated on the inquiry list, the child or
adolescent, LAR, or LMHA may request that the department review the
circumstances under which the child's or adolescent's name was removed from the
LMHA's inquiry list. At its discretion the department may:
(A) reinstate the child's or adolescent's
name on the inquiry list according to the original date the child or adolescent
or LAR requested the child's or adolescent's name be added in accordance with
subsection (a) of this section; or
(B) add the child's or adolescent's name to
the inquiry list according to the date the child or adolescent or LAR requested
that the department review the circumstances under which the child or
adolescent's name was removed.
(c) Denial of enrollment. The department
shall remove a child's or adolescent's name from an LMHA's inquiry list if the
department has denied the child's or adolescent's enrollment in the YES Waiver
program and the child or adolescent or LAR has had an opportunity to exercise
the child or adolescent's right to appeal the decision in accordance with
§
307.15 of this title (relating to
Right to Fair Hearing) and did not appeal the decision, or appealed the
decision and did not prevail.
(d)
Reserve capacity. There are a percentage of vacancies in the YES Waiver program
that are reserved for children or adolescents who are at imminent risk of being
relinquished to state custody.
(1) If a child
or adolescent whose name has been added to the LMHA's inquiry list must wait to
be enrolled, then the LMHA must screen the child or adolescent for imminent
risk of relinquishment.
(2) If the
LMHA determines that the child or adolescent may be at imminent risk of
relinquishment, the LMHA must complete the YES Waiver Reserve Capacity
Screening Form and submit to the department for review.
(3) If the department determines that the
child or adolescent is at imminent risk of relinquishment, the department must
authorize the LMHA to complete the enrollment process within three business
days.
(4) If a child or adolescent
is denied reserve capacity, then the LMHA must assign the child or adolescent a
registration date on the inquiry list that is based on the chronological date
and time the phone call or voice message requesting YES Waiver program services
was received in accordance with subsection (a)(2) of this section.
