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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 9INTELLECTUAL DISABILITY SERVICES--MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES
SUBCHAPTER DHOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
RULE §9.167Permanency Planning

(a) Permanency planning at enrollment. The provisions contained in this subsection apply to an applicant under 22 years of age moving from a family setting and requesting supervised living or residential support.

  (1) Information. A LIDDA must, before enrollment, inform the applicant and LAR:

    (A) of the benefits of living in a family or community setting;

    (B) that the placement of the applicant is considered temporary; and

    (C) that an ongoing permanency planning process is required.

  (2) Permanency planning activities.

    (A) A LIDDA must convene a permanency planning meeting with the LAR and, if possible, the applicant, before enrollment.

    (B) Before the permanency planning meeting, the LIDDA must review the applicant's records, and, if possible, meet the applicant.

    (C) During the permanency planning meeting, the meeting participants must discuss and choose one of the following goals:

      (i) for an applicant under 18 years of age:

        (I) to live in the applicant's 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

        (II) to live in a family-based alternative in which a family other than the applicant's family:

          (-a-) has received specialized training in the provision of support and in-home care for an individual under 18 years of age with an intellectual disability or a related condition;

          (-b-) 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

          (-c-) will provide an enduring, positive relationship with a specific adult who will be an advocate for the applicant; or

      (ii) for an applicant 18-21 years of age to live in a setting chosen by the applicant or LAR in which the applicant's natural supports and strengths are supplemented by activities and supports provided or facilitated by the LIDDA or program provider, and to achieve a consistent and nurturing environment in the least restrictive setting, as defined by the applicant and LAR.

    (D) To accomplish the goal chosen in accordance with subparagraph (C) of this paragraph, the meeting participants must discuss and identify:

      (i) the problems or issues that led the applicant or LAR to request supervised living or residential support;

      (ii) the applicant's daily support needs;

      (iii) for the applicant under 18 years of age:

        (I) barriers to having the applicant reside in the family home;

        (II) supports that would be necessary for the applicant to remain in the family home; and

        (III) actions that must be taken to overcome the barriers and provide the necessary supports;

      (iv) for an applicant 18-21 years of age, the barriers to moving to a consistent and nurturing environment as defined by the applicant and LAR;

      (v) the importance for the applicant to live in a long-term nurturing relationship with a family;

      (vi) alternatives to the applicant living in an institutional setting;

      (vii) the applicant's and LAR's need for information and preferences regarding those alternatives;

      (viii) 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;

      (ix) natural supports and family strengths that will assist in accomplishing the identified permanency planning goal;

      (x) activities and supports that can be provided by the family, LIDDA, or program provider to achieve the permanency planning goal;

      (xi) 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

      (xii) action steps, both immediate and long term, for achieving the permanency plan goal.

    (E) A LIDDA must make reasonable accommodations to promote the participation of the LAR in a permanency planning meeting, including:

      (i) conducting a meeting in person or by telephone, as mutually agreed upon by the LIDDA and 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 LIDDA and 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) A LIDDA must develop a permanency plan using, as appropriate:

      (i) the Permanency Planning Instrument for Children Under 18 Years of Age, found at www.dads.state.tx.us; or

      (ii) the Permanency Planning Instrument for Individuals 18 - 21Years of Age, found at www.dads.state.tx.us.

    (G) A LIDDA must:

      (i) complete the Permanency Planning Review Screen in DADS data system before enrollment;

      (ii) keep a copy of the Permanency Planning Review Approval Status View Screen from DADS data system in the applicant's record; and

      (iii) provide a copy of the permanency plan to the program provider, the applicant, and the LAR.

  (3) Volunteer advocate.

    (A) A LIDDA must inform the applicant and LAR that they may request a volunteer advocate to assist in permanency planning. The applicant or LAR may:

      (i) select a person who is not employed by or under contract with the LIDDA or a program provider; or

      (ii) request the LIDDA to designate a volunteer advocate.

    (B) 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:

      (i) an adult relative who is actively involved with the applicant;

      (ii) 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

      (iii) 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.

    (C) 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 subparagraph (B)(iii) of this paragraph. 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 subparagraph (B) of this paragraph.

(b) Permanency planning reviews. A LIDDA must, within six months after the initial permanency planning meeting and every six months thereafter until an individual either turns 22 years of age or is no longer receiving supervised living or residential support:

  (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 meeting to review the individual's current permanency plan in accordance with subsection (a)(2)(C) - (E) of this section, with an emphasis on changes or additional information gathered since the last permanency plan was developed;

  (3) develop a permanency plan in accordance with subsection (a)(2)(F) of this section;

  (4) perform actions regarding a volunteer advocate as described in subsection (a)(3) of this section;

  (5) complete the Permanency Planning Review Screen in DADS data system within 10 calendar days after the meeting;

  (6) ensure that approval for the individual to continue to reside in an institution is obtained every six months from the DADS commissioner and the HHSC executive commissioner;

  (7) keep a copy of the Permanency Planning Review Approval Status View Screen from DADS 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.

(c) Provision of supervised living or residential support after enrollment. 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 DADS and the LIDDA:

  (1) provide an explanation of services and supports and other information in accordance with §9.158(e)(1) of this subchapter (relating to Process for Enrollment of Applicants); and

  (2) take actions to conduct permanency planning as described in subsection (a) of this section.


Source Note: The provisions of this §9.167 adopted to be effective June 1, 2010, 35 TexReg 4441; amended to be effective November 15, 2015, 40 TexReg 7827

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