(a) Letter of intent. If a local agency decides to
establish a new community center, then the local agency submits a
letter of intent to DADS and DSHS outlining the proposed new center's
region, governing structure, and other information pertinent to the
formation of the proposed new center.
(1) If the local agency submitting the letter of intent
is not a county or counties, the letter must be accompanied by a letter
of endorsement from the appropriate county judge or judges.
(2) DADS and DSHS review the letter of intent using
the following criteria:
(A) the benefits of establishing a new center over
affiliation with an existing center and the establishment of a new
center is consistent with DADS's and DSHS's mission for the development
of community services in Texas;
(B) the population of the region of the proposed new
center is at least 200,000 or large enough to support a center;
(C) a comprehensive array of mental health and mental
retardation services will be provided;
(D) the extent of the local contribution supports the
intent; and
(E) the efficient provision of services is financially
viable.
(3) DADS and DSHS determine whether the letter of intent
meets the criteria described in paragraph (2) of this section.
(b) Appointment of board of trustees. If the local
agency receives notice from DADS and DSHS that the letter of intent
meets the criteria described in subsection (a)(2) of this section,
the local agency prescribes the criteria and procedures for the appointment
of members of a board of trustees as described in Health and Safety
Code, §534.002 or §534.003, and §534.004, §534.005,
and §534.0065. The local agency prescribes and makes available
for public review the elements listed in Health and Safety Code, §534.004(a).
If more than one local agency is involved, the local agencies shall
enter into a contract of interlocal agreement that states the number
of board members and the group from which the members are chosen,
as provided in Health and Safety Code, §534.003(c).
(c) Initial plan.
(1) Submission. The board of trustees develops and
submits to DADS and DSHS an initial plan to provide effective mental
health and mental retardation services to the residents of the proposed
region. The board of trustees shall appoint a mental health planning
advisory council and a mental retardation planning advisory council
to assist in developing the initial plan. A mental health planning
advisory council must have at least 50 percent representation of persons
or family members of persons who have received or are receiving mental
health services. A mental retardation planning advisory council must
have at least 50 percent representation of persons or family members
of persons who have received or are receiving mental retardation services.
A combined mental health and mental retardation planning advisory
council shall have at least 50 percent representation of persons
or family members of persons who have received or are receiving mental
health or mental retardation services with an equal number of representatives
for mental health services and mental retardation services. The board
of trustees shall also seek input through a public process (e.g.,
public hearings, focus groups, town meetings) from the residents in
the proposed region regarding local needs and priorities. The initial
plan must include the following elements:
(A) a comprehensive service description, which includes:
(i) a statement of the mission, vision, values, and
principles which establish the foundation of the proposed community
center's local service delivery system;
(ii) a definition of all populations to be served;
(iii) a description of relevant internal and external
assessments and evaluations for the local strategic planning process;
(iv) a statement of local service needs and priorities;
(v) identified gaps in services and supports in the
local service delivery system;
(vi) a description of existing local mental health
and mental retardation resources and planned resource development
activities;
(vii) a statement of management needs and priorities
to support an effective and efficient local service delivery system;
and
(viii) objectives, strategies, and outcomes;
(B) a community center plan in a format required by
DADS and DSHS available at www.dads.state.tx.us; and
(C) a prospectus, which describes:
(i) any proposed transfer of funds, assets, liabilities,
personnel, and consumer and administrative records and information
from a facility or existing community center and the time frames for
transfer;
(ii) other available funds;
(iii) the arrangements for uninterrupted delivery of
services; and
(iv) the impact, and resolution if warranted, of current
contractual obligations.
(2) Review and approval.
(A) DADS and DSHS review the initial plan.
(B) If DADS and DSHS approve the initial plan, DADS
and DSHS issue a certificate of recognition as a community center.
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Source Note: The provisions of this §300.7 adopted to be effective May 25, 2000, 25 TexReg 4540; amended to be effective September 11, 2011, 36 TexReg 5691; transferred effective May 13, 2024, as published in the Texas Register April 12, 2024, 49 TexReg 2321 |