| (A) complete the Permanency Planning Review Screen
in CARE before an applicant is admitted to a facility unless the MRA
is not given prior notice of the admission;
(B) keep a copy of the Permanency Planning Review Approval
Status View Screen from CARE in the applicant's record; and
(C) provide a copy of the permanency plan to the program
provider, the applicant, and the LAR.
(g) If an applicant is under 22 years of age, the MRA
must inform the applicant and LAR that they may request a volunteer
advocate to assist in permanency planning. The applicant or LAR may:
(1) select a person who is not employed by or under
contract with the MRA or a program provider; or
(2) request the MRA to designate a volunteer advocate.
(h) If an applicant or LAR requests that the MRA designate
a volunteer advocate or the MRA cannot locate the LAR, the MRA must
attempt to designate a volunteer advocate to assist in permanency
planning who is, in order of preference:
(1) an adult relative who is actively involved with
the applicant;
(2) a person who:
(A) is part of the applicant's natural support network;
and
(B) is not employed by or under contract with the MRA
or a program provider; or
(3) a person or a child advocacy organization representative
who:
(A) is knowledgeable about community services and supports;
(B) is familiar with the permanency planning philosophy
and processes; and
(C) is not employed by or under contract with the MRA
or a program provider.
(i) If the MRA is unable to locate a volunteer advocate
locally, the MRA must request assistance from a statewide advocacy
organization in identifying an available volunteer advocate who meets
the requirements described in subsection (h) of this section. If the
statewide advocacy organization is unable to assist the MRA in identifying
a volunteer advocate, the MRA must document all efforts to designate
a volunteer advocate in accordance with subsection (h) of this section.
(j) If DADS notifies an MRA that it has authorized
an applicant's LOC, the MRA must immediately notify the applicant
or LAR of such authorization and provide the selected program provider
with copies of all enrollment documentation and associated supporting
documentation including relevant assessment results and recommendations
and the applicant's ICAP booklet and, if available, the applicant's
service plan.
(k) To request an applicant's enrollment as permitted
by subsection (b) of this section, a program provider must ensure
that the applicant has a current LOC.
(1) If an applicant does not have a current LOC, the
program provider must complete and electronically submit an MR/RC
Assessment to DADS.
(2) If the program provider submits an MR/RC Assessment,
DADS notifies the program provider electronically if the LOC is authorized
or sends written notification to the program provider and the applicant
or LAR if the LOC is denied.
(l) An applicant's enrollment is complete if:
(1) DADS has authorized an LOC for the applicant;
(2) the Social Security Administration has determined
that the applicant is eligible for SSI or the Health and Human Services
Commission determines the applicant is financially eligible for Medicaid;
(3) the program provider has electronically submitted
a completed Client Movement Form to DADS; and
(4) admission to the facility has been approved by
the DADS commissioner or designee for the applicant who is under
22 years of age, based on information submitted as described in subsection
(f) of this section.
(m) A program provider must maintain a paper copy of
the completed MR/RC Assessment with all the necessary signatures and
documentation supporting the recommended LOC and LON.
|
| Source Note: The provisions of this §261.244 adopted to be effective September 1, 2001, 26 TexReg 5384; 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 |
