The following words and terms, when used in this subchapter,
have the following meanings:
(1) Business day--Any day except a Saturday, Sunday,
or legal holiday listed in Texas Government Code §662.021.
(2) Case manager--An employee of the local mental health
authority (LMHA) or local behavioral health authority (LBHA) who provides
mental health case management services.
(3) Child--A person under 18 years of age as defined
under Texas Human Resources Code §42.002 and not emancipated
under state law.
(4) DFPS--The Texas Department of Family and Protective
Services.
(5) Eligibility assessment--The process an LMHA or
an LBHA uses to gather information from a child and the child's legally
authorized representative to determine if the child meets eligibility
criteria for receiving services through the Residential Treatment
Center (RTC) Project.
(6) HHSC--The Texas Health and Human Services Commission,
or its designee.
(7) LAR--Legally authorized representative. A person
authorized by law to act on behalf of a child regarding a matter described
in this subchapter, and may include a parent, legal guardian, or managing
conservator of a child.
(8) LBHA--Local behavioral health authority. An entity
designated as the local behavioral health authority by HHSC in accordance
with Texas Health and Safety Code §533.0356.
(9) LMHA--Local mental health authority. An entity
designated as the local mental health authority by HHSC in accordance
with Texas Health and Safety Code §533.035(a).
(10) LPHA--Licensed practitioner of the healing arts.
A person who is:
(A) a physician;
(B) a physician assistant;
(C) an advanced practice registered nurse;
(D) a licensed psychologist;
(E) a licensed professional counselor;
(F) a licensed clinical social worker; or
(G) a licensed marriage and family therapist.
(11) Ombudsman--The Ombudsman for Behavioral Health
Access to Care established by Texas Government Code §531.02251
serves as a neutral party to help individuals, including individuals
who are uninsured or have public or private health benefit coverage,
and behavioral health care providers navigate and resolve issues related
to the individual's access to behavioral health care, including care
for mental health conditions and substance use disorders.
(12) RTC--Residential treatment center. A general residential
operation regulated under Texas Human Resources Code Chapter 42 and
Chapter 748 of this title (relating to Minimum Standards for General
Residential Operations) for seven or more children that exclusively
provides treatment services for children with emotional disorders.
(13) RTC Project--The HHSC relinquishment avoidance
program that provides residential mental health services to a child
with a serious emotional disturbance without the child entering the
managing conservatorship of DFPS, in accordance with Texas Family
Code Chapter 262, Subchapter E.
(14) RTC project team--The HHSC team that provides
oversight of the RTC Project.
(15) RTC contractor--A residential treatment center
that contracts with HHSC to provide services under this subchapter.
(16) SED--Serious emotional disturbance. A mental,
behavioral, or emotional disorder of sufficient duration to result
in functional impairment that substantially interferes with or limits
a person's role or ability to function in family, school, or community
activities in accordance with Texas Government Code §531.251.
(17) Service planning team--A team that must develop,
review, and revise the service plan and discharge plan. The team must
consist of:
(A) an RTC contractor;
(B) in addition to the requirements outlined in Chapter
748, Subchapter I of this title (relating to Admission, Service Planning,
and Discharge), the service planning team includes:
(i) the child;
(ii) the child's LAR;
(iii) a representative from the LMHA or LBHA assigned
to work with the child and family; and
(iv) the child's individual and family therapist; and
(C) other participants on the service planning team
may include other individuals as requested by the child, the child's
LAR, the LMHA or LBHA, or the RTC and agreed upon by the child's LAR.
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