(a) Definitions. The following words and terms, when
used in this subchapter, have the following meanings, unless the context
clearly indicates otherwise.
(1) Permanency planning--A philosophy and planning
process that focuses on the outcome of family support by facilitating
a permanent living arrangement, with the primary feature of an enduring
and nurturing parental relationship. Family-directed planning empowers
the family of a child under the age of 18 to direct the development
of supports and services that meet the child and family's personal
outcomes as related to that child. Person-directed planning empowers
the child who is between 18 and 22 years of age to direct the development
of a plan of supports and services that meets the needs for self-determination.
(2) Child--A person with a developmental disability
who is under 22 years of age.
(3) CRCG (Community resource coordination group)--A
local interagency group composed of public and private agencies that
develops service plans for individuals whose needs can be met only
through interagency coordination and cooperation. The group's role
and responsibilities are described in the Memorandum of Understanding
on Coordinated Services to Persons Needing Services from More Than
One Agency, available on the Health and Human Services Commission
website at www.hhsc.state.tx.us/crcg/crcg.htm.
(4) Emergency situation--An unexpected situation involving
a child's health, safety, or welfare, of which a person of ordinary
prudence would determine that the LAR should be informed, such as:
(A) a child needing emergency medical care;
(B) a child being removed from his residence by law
enforcement;
(C) a child leaving his residence without notifying
staff and not being located; and
(D) a child being moved from his residence to protect
the child (for example, because of a hurricane, fire, or flood).
(5) LAR (legally authorized representative)--A person
authorized by law to act on behalf of a resident with regard to a
matter described in this subchapter, which may include a parent, guardian,
managing conservator of a minor individual, a guardian of an adult
individual, or legal representative of a deceased individual.
(6) Permanency planner--A person assigned by DADS to
conduct permanency planning activities for a child who resides in
a facility.
(b) Facility responsibilities regarding permanency
planning.
(1) A facility must request a Preadmission Screening
and Resident Review (PASARR) on every child who is a potential admission
to a facility, as well as on all children currently residing in a
facility who have not had a previous PASARR completed. Documentation
regarding the request for or completion of a PASARR must be kept in
the chart.
(2) A facility must notify the following entities of
the child's admission not later than the third day after a child is
initially placed in a facility:
(A) DADS via fax, using DADS Form 2437, Notification
of Nursing Facility Admission of Individual Under Age 22;
(B) the CRCG in the county where the LAR resides (see
www.hhsc.state.tx.us/crcg/crcg.htm for a listing of CRCG chairpersons
by county);
(C) the local office of the Early Childhood Intervention
(ECI) Program of the Texas Department of Assistive and Rehabilitative
Services, if a child is less than three years of age (see www.dars.state.tx.us/ecis/index.shtml
or call 1-800-628-5115 for a listing of ECI programs by county); and
(D) the local school district, if a child is 3 to 22
years of age, with which the facility must coordinate educational
opportunities (See §19.1934 of this title (relating to Educational
Requirements for Persons under Age 22)).
(3) A facility must keep in a separate section at the
front of each child's records:
(A) documentation regarding the notifications required
in paragraph (2) of this subsection;
(B) a copy of all PASARR documents; and
(C) a copy of the current permanency plan.
(4) A facility must:
(A) cooperate with the permanency planner by:
(i) allowing access to a child's records or providing
other information in a timely manner as requested by the permanency
planner or the Health and Human Services Commission;
(ii) participating in meetings to review the child's
permanency plan; and
(iii) identifying, in coordination with the permanency
planner, activities, supports, and services that can be provided by
the family, LAR, facility, or the permanency planner to prepare the
child for an alternative living arrangement;
(B) encourage regular contact between the child and
LAR and, if desired by the child and LAR, between the child and advocates
and friends in the community to continue supportive and nurturing
relationships;
(C) encourage participation in the comprehensive care
plan meetings by the LAR, and, if desired by the child or LAR, by
family members, advocates, and friends in the community;
(D) make reasonable accommodations to promote the participation
of the LAR in all planning and decision-making regarding the child's
care, including participating in:
(i) the initial development and annual review of the
child's comprehensive care plan;
(ii) decision-making regarding the child's medical
care;
(iii) routine interdisciplinary team meetings; and
(iv) decision-making and other activities involving
the child's health and safety;
(E) ensure that reasonable accommodations include:
(i) conducting a meeting in person or by telephone,
as mutually agreed upon by the facility and the LAR;
(ii) conducting a meeting at a time and, if the meeting
is in person, at a location that is mutually agreed upon by the facility
and the LAR;
(iii) if the LAR has a disability, providing reasonable
accommodations in accordance with the Americans with Disabilities
Act, including providing an accessible meeting location or a sign
language interpreter, if appropriate; and
(iv) providing a language interpreter, if appropriate;
(F) upon admission and annually thereafter:
(i) request from and encourage an LAR to provide the
following information for a child during the annual comprehensive
care plan meeting and, for an applicant, upon admission:
(I) the LAR's:
(-a-) name;
(-b-) address;
(-c-) telephone number;
(-d-) driver license number and state of issuance or
personal identification card number issued by the Department of Public
Safety; and
(-e-) place of employment and the employer's address
and telephone number;
(II) the name, address, and telephone number of a relative
of the child or other person whom DADS or the facility may contact
in an emergency situation, a statement indicating the relation between
that person and the child, and at the LAR's option:
(-a-) that person's driver license number and state
of issuance or personal identification card number issued by the Department
of Public Safety; and
(-b-) the name, address, and telephone number of that
person's employer; and
(III) a signed acknowledgement of responsibility stating
that the LAR agrees to:
(-a-) notify the facility of any changes to the contact
information submitted; and
(-b-) make reasonable efforts to participate in the
child's life and in planning activities for the child; and
(ii) inform the LAR that if the information described
in clause (i) of this subparagraph is not provided or is not accurate
and the facility and DADS are unable to locate the LAR as described
in subparagraph (J) of this paragraph, DADS refers the case to the
Department of Family and Protective Services, in accordance with
subsection (c) of this section;
(G) refrain from providing the LAR with inaccurate
or misleading information regarding the risks of moving the child
to another facility or community setting;
(H) if an emergency situation occurs, attempt to notify
the LAR as soon as the emergency situation allows and request a response
from the LAR;
(I) if an LAR does not respond to a notice of the child's
annual comprehensive care plan meeting, a request for the LAR's consent,
or an emergency situation, attempt to locate the LAR by contacting
a person identified by the LAR in the contact information described
in subparagraph (F) if this paragraph;
(J) no later than 30 days after the date the facility
determines that it is unable to locate the LAR, notify DADS at 1-800-458-9858
of that determination and request that DADS initiate a search for
the LAR;
Cont'd... |