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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 554NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
SUBCHAPTER IRESIDENT ASSESSMENT
RULE §554.805Permanency Planning for a Resident Under 22 Years of Age

    (K) before a child who is under 18 years of age, or who is 18-22 years of age and for whom an LAR has been appointed, is transferred to another facility operated by the transferring facility, attempt to obtain consent for the transfer from the LAR, unless the transfer is made because of a serious risk to the health and safety of the child or another person; and

    (L) document compliance with the requirements of this paragraph in the child's records.

  (5) The facility administrator must ensure that the social worker or other appropriate staff, as needed, will contribute to the development of the permanency plan.

  (6) Paragraphs (3) - (5) of this subsection do not apply to short-stay care of less than 14 days; however, the facility must notify DADS, the CRCG, ECI, and the local school district as required in paragraph (2)(A) - (D) of this subsection.

(c) If, within one year of the date DADS receives the notification described in subsection (b)(4)(J) of this section, DADS is unable to locate the LAR, DADS refers the case to:

  (1) the Child Protective Services Division of the Department of Family and Protective Services if the child is under 18 years of age; or

  (2) the Adult Protective Services Division of the Department of Family and Protective Services if the child is 18-22 years of age.


Source Note: The provisions of this §554.805 adopted to be effective May 1, 2002, 27 TexReg 2834; amended to be effective September 1, 2006, 31 TexReg 6800; amended to be effective August 3, 2011, 36 TexReg 4809; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871

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