| (a) The provisions contained in this section apply
to an applicant under 22 years of age moving from a family setting
and requesting supervised living or residential support.
(b) A LIDDA must, during the enrollment process:
(1) review the applicant's records, and, if possible,
meet the applicant before the meeting described in paragraph (3) of
this subsection;
(2) inform the applicant and LAR:
(A) of the benefits of living in a family setting;
(B) that the placement of the applicant is considered
temporary; and
(C) that an ongoing permanency planning process is
required; and
(3) convene a permanency planning meeting with the
LAR and, as appropriate, the applicant.
(c) During the permanency planning meeting, the meeting
participants must:
(1) discuss and choose one of the following goals:
(A) to live in the applicant's home or family home
where the natural supports and strengths of the applicant's family
are supplemented, as needed, by activities and supports provided or
facilitated by the LIDDA or program provider; or
(B) to live in a family-based alternative with a family
other than the applicant's family who:
(i) has received specialized training in the provision
of support and in-home care for an individual under 22 years of age
with an intellectual disability or a related condition;
(ii) will provide a consistent and nurturing environment
in a family home that supports a continued relationship with the applicant's
family to the extent possible; and
(iii) will provide an enduring, nurturing parental
relationship with a specific adult; and
(2) to accomplish the goal chosen in accordance with
paragraph (1) of this subsection, discuss and identify:
(A) the issues that led the applicant or LAR to request
supervised living or residential support;
(B) the applicant's daily support needs;
(C) barriers to having the applicant reside in the
family home;
(D) supports that would be necessary for the applicant
to remain in the family home;
(E) actions that must be taken to overcome the barriers
and provide the necessary supports;
(F) the importance for the applicant to live in a long-term
nurturing relationship with a family;
(G) alternatives to the applicant living in an institutional
setting;
(H) the applicant's and LAR's need for information
and preferences regarding those alternatives;
(I) how, after the applicant's enrollment, to facilitate
regular contact between the applicant and the applicant's family,
and, if desired by the applicant and family, between the applicant
and advocates and friends in the community to continue supportive
and nurturing relationships;
(J) natural supports and family strengths that will
assist in accomplishing the identified permanency planning goal;
(K) activities and supports that can be provided by
the family, LIDDA, or program provider to achieve the permanency planning
goal;
(L) assistance needed by the applicant's family:
(i) in maintaining a nurturing relationship with the
applicant; and
(ii) preparing the family for the applicant's eventual
return to the family home or move to a family-based alternative; and
(M) action steps, both immediate and long term, for
achieving the permanency plan goal.
(d) A LIDDA must make reasonable accommodations to
promote the participation of the LAR in a permanency planning meeting,
including:
(1) conducting a meeting in person, by videoconferencing,
or by telephone, as mutually agreed upon by the LIDDA and LAR;
(2) conducting a meeting at a time and, if the meeting
is in person, at a location that is mutually agreed upon by the LIDDA
and LAR;
(3) 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
(4) providing a language interpreter, if appropriate.
(e) A LIDDA must:
(1) develop a permanency plan using the HHSC Permanency
Planning Instrument for Children Under 22 Years of Age form found
on the HHSC website;
(2) complete the Permanency Planning Review Screen
in HHSC data system during enrollment to obtain approval for an applicant
to receive residential support or supervised living;
(3) keep a copy of the Permanency Planning Review Approval
Status View Screen from HHSC data system in the applicant's record;
and
(4) provide a copy of the permanency plan to the program
provider, the applicant, and the LAR.
(f) A LIDDA must inform the applicant and LAR that
they may request a volunteer advocate to assist in permanency planning.
(1) The applicant or LAR may:
(A) select a person who is not employed by or under
contract with the LIDDA or a program provider; or
(B) request the LIDDA to designate a volunteer advocate.
(2) If an applicant or LAR requests that the LIDDA
designate a volunteer advocate or the LIDDA cannot locate the applicant's
LAR, the LIDDA must attempt to designate a volunteer advocate to assist
in permanency planning who is, in order of preference:
(A) an adult relative who is actively involved with
the applicant;
(B) a person who:
(i) is part of the applicant's natural supports; and
(ii) is not employed by or under contract with the
LIDDA or a program provider; or
(C) a person or a child advocacy organization representative
who:
(i) is knowledgeable about community services and supports;
(ii) is familiar with the permanency planning philosophy
and processes; and
(iii) is not employed by or under contract with the
LIDDA or a program provider.
(3) If a LIDDA is unable to locate a volunteer advocate
locally, the LIDDA must request assistance from a statewide advocacy
organization in identifying an available volunteer advocate who meets
the requirements described in subsection (f)(2)(C) of this section.
If the statewide advocacy organization is unable to assist the LIDDA
in identifying a volunteer advocate, the LIDDA must document all efforts
to designate a volunteer advocate in accordance with subsection (f)(2)
of this section.
(g) Until an individual either becomes 22 years of
age or is no longer receiving supervised living or residential support,
a LIDDA must do the following six months after the date of the initial
permanency planning meeting and every six months thereafter:
(1) provide written notice to the LAR of a meeting
to conduct a review of the individual's permanency plan no later than
21 calendar days before the meeting date and include a request for
a response from the LAR;
(2) convene a permanency planning meeting with the
LAR and, if possible, the individual, to review the individual's current
permanency plan in accordance with subsections (c) and (d) of this
section, with an emphasis on changes or additional information gathered
since the last permanency plan was developed;
(3) during the permanency planning meeting, develop
a permanency plan using the HHSC Permanency Planning Instrument for
Children Under 22 Years of Age form available on the HHSC website;
(4) perform the actions regarding a volunteer advocate
as described in subsection (f) of this section;
(5) complete the Permanency Planning Review Screen
in the HHSC data system within 10 calendar days after the date of
the permanency planning meeting;
(6) ensure that approval for the individual to continue
to receive residential support or supervised living is obtained every
six months from the HHSC executive commissioner or designee;
(7) keep a copy of the Permanency Planning Review Approval
Status View Screen from the HHSC data system in the individual's record;
(8) provide a copy of the permanency plan to the program
provider, the individual, and the LAR; and
(9) if the LIDDA determines it is unable to locate
the parent or LAR, notify the service coordinator of such determination.
(h) If a LIDDA receives information that an individual
under 22 years of age who has been enrolled in the HCS Program moved
from a family setting and started receiving supervised living or residential
support, the LIDDA must, within the timeframes described in the performance
contract between HHSC and the LIDDA:
(1) provide an explanation of services and supports
and other information in accordance with §263.104(e)(1) of this
chapter (relating to Process for Enrollment of Applicants); and
(2) take actions to conduct permanency planning as
described in subsections (b) - (f) of this section.
|
