|(a) DADS may terminate an individual's CLASS Program
services and CFC services if an individual or a person in the individual's
residence exhibits behavior that places the health and safety of the
CMA's case manager or a DSA's service provider in immediate jeopardy.
(b) If a CMA or DSA becomes aware that a situation
described in subsection (a) of this section exists, the CMA or DSA
(1) immediately file a report with the appropriate
law enforcement agency and, if appropriate, make an immediate referral
to DFPS; and
(2) notify the CMA or DSA, as appropriate, and DADS
by telephone of the situation no later than the business day after
the day the CMA or DSA becomes aware of the situation.
(c) The CMA must, working with the DSA, attempt to
resolve the situation.
(d) If, after making attempts to resolve the situation
as required by subsection (c) of this section, the CMA determines
that the situation cannot be resolved, the CMA must request, in writing,
that DADS terminate CLASS Program services and CFC services for the
individual. The request must be sent to DADS within two business days
after DADS was notified of the situation by the CMA or DSA and be
supported by written documentation.
(e) The CMA must include in the written documentation
required by subsection (d) of this section:
(1) a description of the situation that resulted in
the request to terminate the individual's CLASS Program services and
(2) a detailed description of the attempts by the CMA
to resolve the situation; and
(3) if available, a copy of any report issued by a
law enforcement agency or DFPS regarding the situation.
(f) DADS notifies the individual's CMA and DSA, in
writing, of whether it authorizes the termination of CLASS Program
services and CFC services.
(g) Upon receipt of written notice from DADS authorizing
the termination of CLASS Program services and CFC services, the CMA
must, no later than the date of the termination of services, send
written notice to the individual or LAR of such termination, copying
the DSA and, if selected, FMSA. The CMA must include in the notice
the individual's right to request a fair hearing in accordance with §45.301
of this chapter (relating to Individual's Right to a Fair Hearing).