The following words and terms, when used in this subchapter,
have the following meanings, unless the context clearly indicates
otherwise:
(1) Actively involved--Significant and ongoing involvement
with the individual who does not have the ability to provide legally
adequate consent and who does not have an LAR which the individual's
planning team deems to be supportive based on the following:
(A) observed interactions of the person with the individual;
(B) advocacy for the individual;
(C) knowledge of and sensitivity to the individual's
preferences, values and beliefs; and
(D) availability to the individual for assistance or
support when needed.
(2) Applicant--An individual seeking residential services
in a state MR facility.
(3) CARE--DADS' Client Assignment and Registration
System, a database with demographic and other data about an individual
who is receiving services and supports or on whose behalf services
and supports have been requested.
(4) CLOIP--Community living options information process.
The activities described in §2.274(a)(2) of this subchapter (relating
to Consideration of Living Options for Individuals Residing in State
MR Facilities) performed by a contract MRA to provide information
and education about community living options to an individual who
is 22 years of age or older residing in a state MR facility or to
the individual's LAR.
(5) Commissioner--The commissioner of DADS.
(6) Consensus--A negotiated agreement that all parties
can and will support in implementation. The negotiation process involves
the open discussion of ideas with all parties encouraged to express
opinions.
(7) Contract MRA--An MRA that has a contract with DADS
to conduct the CLOIP.
(8) 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.
(9) DADS--The Department of Aging and Disability Services.
(10) Dangerous behavior--Behavior exhibited by an individual
who is physically aggressive, self-injurious, sexually aggressive,
or seriously disruptive and requires a written behavioral intervention
plan to prevent or reduce serious physical injury to the individual
or others.
(11) Department--Department of Aging and Disability
Services.
(12) Designated MRA--The MRA assigned to an individual
in CARE.
(13) Discharge--The release by DADS of an individual
voluntarily admitted or committed by court order for residential mental
retardation services from the custody and care of a state MR facility
and termination of the individual's assignment to the state MR facility
in CARE.
(14) Emergency admission/discharge agreement--A written
agreement between the state MR facility, the individual or LAR, and
the designated MRA, sample copies of which are available from the
Department of Aging and Disability Services, Provider Services Division,
State Mental Retardation Facilities Section, P.O. Box 149030, Mail
Code W-511, Austin, Texas 78714-9030, that describes:
(A) the purpose of the emergency admission, including
the circumstances that precipitated the need for the admission and
the expected outcomes from the admission;
(B) the responsibilities of each party regarding the
care, treatment, and discharge of the individual, including how the
terms of the agreement will be monitored;
(C) the length of time of the emergency admission,
which is that amount of time necessary to accomplish the purpose of
the admission; and
(D) the anticipated date of discharge.
(15) Facility of record--The facility that serves the
local service area(s) assigned to the individual's designated MRA.
(16) Family-based alternative--A family setting in
which the family provider or providers are specially trained to provide
support and in-home care for children with disabilities or children
who are medically fragile.
(17) Head of the facility--The superintendent or director
of a state MR facility.
(18) ICAP (Inventory for Client and Agency Planning)--A
validated, standardized assessment that measures the level of supervision
an individual requires and, thus, the amount and intensity of services
and supports the individual needs.
(19) ICAP service level--A designation that identifies
the level of services needed by an individual as determined by the
ICAP.
(20) IDT (Interdisciplinary team)--Mental retardation
professionals and paraprofessionals and other concerned persons, as
appropriate, who assess an individual's treatment, training, and habilitation
needs and make recommendations for services, including recommendations
of whether the individual is best served in a facility or in a community
setting.
(A) Team membership always includes:
(i) the individual;
(ii) the individual's LAR, if any; and
(iii) persons specified by an MRA or a state MR facility,
as appropriate, who are professionally qualified and/or certified
or licensed with special training and experience in the diagnosis,
management, needs, and treatment of individuals with mental retardation.
(B) Other participants in IDT meetings may include:
(i) other concerned persons whose inclusion is requested
by the individual or the LAR;
(ii) at the discretion of the MRA or state MR facility,
persons who are directly involved in the delivery of mental retardation
services to the individual; and
(iii) if the individual is school eligible, representatives
of the appropriate school district.
(21) Individual--A person who has or is believed to
have mental retardation.
(22) Interstate transfer--The admission of an individual
to a state MR facility directly from a similar facility in another
state.
(23) IQ (intelligence quotient)--A score reflecting
the level of an individual's intelligence as determined by the administration
of a standardized intelligence test.
(24) LAR (legally authorized representative)--A person
authorized by law to act on behalf of an individual with regard to
a matter described in this subchapter, and may include a parent, guardian,
or managing conservator of a minor, or the guardian of an adult.
(25) Legally adequate consent--Consent given by a person
when each of the following conditions has been met:
(A) legal status: The individual giving the consent:
(i) is 18 years of age or older, or younger than 18
years of age and is or has been married or had his or her disabilities
removed for general purposes by court order as described in the Texas
Family Code, Chapter 31; and
(ii) has not been determined by a court to lack capacity
to make decisions with regard to the matter for which consent is being
sought;
(B) comprehension of information: The individual giving
the consent has been informed of and comprehends the nature, purpose,
consequences, risks, and benefits of and alternatives to the procedure,
and the fact that withholding or withdrawal of consent shall not prejudice
the future provision of care and services to the individual with mental
retardation; and
(C) voluntariness: The consent has been given voluntarily
and free from coercion and undue influence.
(26) Less restrictive setting--A setting which allows
the greatest opportunity for the individual to be integrated into
the community.
(27) Local service area--A geographic area composed
of one or more Texas counties delimiting the population which may
receive services from a local MRA.
(28) Mental retardation--Consistent with THSC, §591.003,
significantly subaverage general intellectual functioning existing
concurrently with deficits in adaptive behavior and manifested during
the developmental period.
(29) Minor--An individual under the age of 18.
(30) MRA (mental retardation authority)--An entity
to which the Health and Human Services Commission's authority and
responsibility described in THSC, §531.002(11) has been delegated.
(31) Natural support network--Those persons, including
family members, church members, neighbors, and friends, who assist
and sustain an individual with supports that occur naturally within
the individual's environment and that are not reimbursed or purposely
developed by a person or system.
Cont'd... |
