| (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.
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