(a) As required by Texas Government Code, §531.153,
a program provider must incorporate permanency planning as an integral
part of the IPP for each individual under 22 years of age residing
in the facility. In order to accomplish the permanency planning goal
in accordance with §9.244(f) of this subchapter (relating to
Applicant Enrollment in the ICF/MR Program), the program provider
must identify in the IPP, as appropriate to the individual's needs:
(1) for an individual under 18 years of age, the activities,
supports, and services that, when provided or facilitated by the program
provider or MRA, will enable the individual to live with a family;
or
(2) for an individual age 18 to 22 years of age, the
activities, supports, and services that, when provided or facilitated
by the program provider or MRA, will result in the individual having
a consistent and nurturing environment in the least restrictive setting,
as defined by the individual and LAR.
(b) A program provider must take the following actions
to assist an MRA in conducting permanency planning for an individual
under 22 years of age:
(1) cooperate with the MRA responsible for conducting
permanency planning by:
(A) allowing access to an individual's records or providing
other information in a timely manner as requested by the MRA or the
Health and Human Services Commission;
(B) participating in meetings to review the individual's
permanency plan; and
(C) identifying, in coordination with the individual's
MRA, activities, supports, and services that can be provided by the
family, LAR, program provider, or the MRA to prepare the individual
for an alternative living arrangement;
(2) encourage regular contact between the individual
and LAR and, if desired by the individual and LAR, between the individual
and advocates and friends in the community to continue supportive
and nurturing relationships;
(3) encourage participation in IDT meetings by the
LAR, and, if desired by the individual or LAR, by family members,
advocates, and friends in the community;
(4) provide the IPP summary to the individual's MRA;
(5) keep a copy of the individual's current permanency
plan in the individual's record; and
(6) refrain from providing the LAR with inaccurate
or misleading information regarding the risks of moving the individual
to another facility or community setting.
(c) Within three days after the admission of an individual
under 22 years of age, a program provider must notify the following
entities of such admission and provide information in accordance with
subsection (d) of this section:
(1) the MRA in whose local service area the facility
is located (see www.dads.state.tx.us/contact/mra/index.cfm for a listing
of MRAs by county or city);
(2) the CRCG for the county in which the LAR lives
(see www.hhsc.state.tx.us/crcg/crcg.htm for a listing of CRCG chairpersons
by county); and
(3) the local school district for the area in which
the facility is located, if the individual is at least three years
of age, or the early childhood intervention (ECI) program for the
county in which the facility is located, if the individual is less
than three years of age (see www.dars.state.tx.us/ecis/index.shtml
or call 1-800-250-2246 for a listing of ECI programs by county).
(d) The program provider's notification given by the
program provider in accordance with subsection (c) of this section
must include the following information about an individual:
(1) full name;
(2) gender;
(3) ethnicity;
(4) birth date;
(5) Social Security number;
(6) LAR's name, address and county of residence;
(7) date of admission to the facility;
(8) name and address of the facility;
(9) name and phone number of person submitting the
notification;
(10) those services from the following listing that
will facilitate the individual's permanency planning outcomes:
(A) personal and family support services provided in
the individual's home;
(B) residential services provided outside the individual's
family or own home;
(C) vocational services; and
(D) training services provided outside of the individual's
family or own home, including specialized professional services.
(e) A program provider must:
(1) request from and encourage an LAR to provide the
following information for an individual during the annual IPP meeting
and, for an applicant, upon admission:
(A) the LAR's:
(i) name;
(ii) address;
(iii) telephone number;
(iv) driver license number and state of issuance or
personal identification card number issued by the Department of Public
Safety; and
(v) place of employment and the employer's address
and telephone number;
(B) the name, address, and telephone number of a relative
of the individual or other person whom DADS or the program provider
may contact in an emergency situation, a statement indicating the
relationship between that person and the individual, and at the LAR's
option:
(i) that person's driver license number and state of
issuance or personal identification card number issued by the Department
of Public Safety; and
(ii) the name, address, and telephone number of that
person's employer; and
(C) a signed acknowledgement of responsibility stating
that the LAR agrees to:
(i) notify the program provider of any changes to the
contact information submitted; and
(ii) make reasonable efforts to participate in the
individual's life and in planning activities for the individual; and
(2) inform the LAR that if the information described
in paragraph (1) of this subsection is not provided or is not accurate
and the program provider and DADS are unable to locate the LAR as
described in subsections (j) and (k) of this section, DADS refers
the case to the Department of Family and Protective Services.
(f) For an individual under 22 years of age, a program
provider must:
(1) make reasonable accommodations to promote the participation
of the LAR in all planning and decision-making regarding the individual's
care, including participating in:
(A) the initial development and annual review of the
individual's IPP;
(B) decision-making regarding the individual's medical
care;
(C) routine IDT meetings; and
(D) decision-making and other activities involving
the individual's health and safety; and
(2) ensure that reasonable accommodations include:
(A) conducting a meeting in person or by telephone,
as mutually agreed upon by the program provider and the LAR;
(B) conducting a meeting at a time and, if the meeting
is in person, at a location that is mutually agreed upon by the program
provider and the LAR;
(C) 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
(D) providing a language interpreter, if appropriate.
(g) For an individual under 22 years of age, a program
provider must provide written notice to the LAR of a meeting to conduct
an annual review of the individual's IPP no later than 21 days before
the meeting date and request a response from the LAR.
(h) If an emergency situation occurs, a program provider
must 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
individual's IPP review meeting, a request for the LAR's consent,
or an emergency situation, the program provider must attempt to locate
the LAR by contacting a person identified by the LAR in the contact
information described in subsection (e) of this section.
(j) No later than 30 days after the date a program
provider determines that it is unable to locate the LAR, the program
provider must notify DADS of that determination and request that DADS
initiate a search for the LAR.
(k) If, within one year of the date DADS receives the
notification described in subsection (j) 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.
(l) Before an individual who is under 18 years of age,
or who is 18-22 years of age and for whom an LAR has been appointed,
is transferred to another facility operated by the transferring program
provider, the program provider must attempt to obtain consent for
the transfer from the LAR unless the transfer is made because of a
serious risk to the health and safety of the individual or another
person.
(m) A program provider must document compliance with
the requirements of this section in the individual's record.
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Source Note: The provisions of this §261.222 adopted to be effective January 1, 2001, 25 TexReg 12790; amended to be effective March 31, 2002, 27 TexReg 2475; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective September 1, 2006, 31 TexReg 6795; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127 |