Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES
Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES
Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES
Division 6 - SPECIAL CONSIDERATIONS FOR INDIVIDUALS WHO MOVED FROM A STATE FACILITY TO AN ALTERNATIVE LIVING ARRANGEMENT PRIOR TO SPETEMBER 1, 1997
Section 2.282 - Review by Local MRA of Individual in a Community Living Arrangement
Current through Reg. 50, No. 13; March 28, 2025
(a) Upon written notification to MRAs from the department identifying individuals who moved from a state MR facility into an alternative living arrangement prior to September 1, 1997, a planning team organized by the designated MRA must review each identified individual's:
(b) The designated MRA must notify the individual with the ability to provide legally adequate consent or LAR, if any, in writing of the intent to conduct the review and request suggestions of convenient times and locations. If the individual does not have the ability to provide legally adequate consent and does not have an LAR, notice of the intent to conduct the review with a request for convenient times and locations must be sent to an actively involved family member or friend.
(c) The review must be scheduled at a time and location mutually agreeable to all members of the planning team and conducted using the Guidelines for Determining Level of Monitoring by Designated MRA, copies of which are available from the Office of State Mental Retardation Facilities, TDMHMR. P.O. Box 12668, Austin, Texas 78711-2668. The review must address:
(d) If a need for monitoring activities is identified by the planning team during the review, the designated MRA must send a letter to all members of the planning team that describes:
(e) If the planning team determines that monitoring activities for the individual are not needed, the designated MRA must notify the state MR facility, in writing, with copies to all members of the planning team.
(f) An individual may be discharged from the state MR facility designated in CARE pursuant to THSC, Chapter 594, if the state MR facility determines that:
(g) Upon receipt of a notification from an MRA as described in subsection (e) of this section, the state MR facility may conclude that the criteria described in subsection (f) of this section have been met and, if so, will:
(h) As a courtesy, the state MR facility will send written notice of the intent to discharge to the actively involved family member or friend of the individual who does not have an LAR, unless the individual has requested that those persons not be notified of information regarding the individual.
(i) If the individual or LAR, or another person as the representative for the individual or LAR, requests an administrative hearing before the proposed date of the discharge, the state MR facility will arrange for the hearing following the policies and procedures described in Chapter 414, Subchapter D of this title (relating to Administrative Hearings Under the PMRA).
(j) If the individual or LAR does not request an administrative hearing to contest the proposed discharge within the time period allowed by § 414.156 of this title (relating to Request for an Administrative Hearing) the state MR facility will: