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 7 - PERMANENCY PLANNING AND LAR NOTIFICATION REQUIREMENTS FOR AN INDIVIDUAL UNDER 22 YEARS OF AGE
Section 2.283 - MRA and State MR Facility Responsibilities
Universal Citation: 40 TX Admin Code § 2.283
Current through Reg. 50, No. 13; March 28, 2025
(a) MRA responsibilities.
(1) Except for a
request for admission for respite care, when admission to a state MR facility
is requested for an individual under 22 years of age, the designated MRA must:
(A) before the individual is admitted to the
facility, inform the LAR:
(i) of the benefits
of living in a family or community setting;
(ii) that the individual's stay in the
facility is considered temporary; and
(iii) that an ongoing permanency planning
process is required;
(B)
take or ensure that the actions described in §9.244(f) of this title
(relating to Applicant Enrollment in the ICF/MR Program) are taken to conduct
permanency planning; and
(C) take
the actions described in §9.244(g)-(i) of this title regarding a volunteer
advocate.
(2) An MRA
does not have to comply with paragraph (1)(A) of this subsection if the
individual has been committed to a state MR facility under Chapter 46B, Code of
Criminal Procedure, or Chapter 55, Family Code.
(3) For an individual under 22 years of age
who resides in a state MR facility, the designated MRA must conduct a
permanency planning review in accordance with §9.250 of this title
(relating to Permanency Planning Reviews).
(b) State MR facility responsibilities.
(1) Upon the admission of an individual under
22 years of age to a state MR facility, a state MR facility:
(A) requests from and encourages the LAR to
provide the information described in §9.222(e) of this title (relating to
Permanency Planning and LAR Participation for Individuals Under 22 Years of
Age);
(B) makes notifications as
described in §9.222(c) and (d) of this title; and
(C) incorporates permanency planning as an
integral part of the individual's initial individual program plan (IPP) and
identifies information in the IPP as described in §9.222(a) of this
title.
(2) For an
individual under 22 years of age who resides in a state MR facility, a state MR
facility:
(A) incorporates permanency
planning as an integral part of the individual's IPP and identifies information
in the IPP as described in §9.222(a) of this title;
(B) takes the actions described in
§9.222(b) of this title to assist the individual's designated MRA in
conducting permanency planning;
(C)
requests from and encourages the LAR to provide the information described in
§9.222(e) of this title;
(D)
provides notice to the individual and LAR of a meeting to conduct the annual
review of the individual's IPP as described in §9.222(g) of this
title;
(E) attempts to notify the
LAR of an emergency situation as described in §9.222(h) of this
title;
(F) attempts to locate the
LAR as described in §9.222(i) of this title, if the LAR does not respond
to a notification by the state MR facility; and
(G) notifies DADS as described in
§9.222(j) of this title if the LAR cannot be located.
(3) A state MR facility makes reasonable
accommodations to promote the participation of the LAR as described in
§9.222(f) of this title.
(4) A
state MR facility documents compliance with the requirements of this subsection
in the individual's record.
(c) DADS referral. If, within one year of the date DADS receives the notification described in subsection (b)(2)(G) 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.
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