| (a) DFPS seeks to place children with intellectual
disabilities and related conditions with a family whenever possible,
with support services provided as needed to assist the child in functioning
as independently as possible within the community. When DFPS is not
able to find a suitable placement with a family that can meet the
child's needs, DFPS may place the child with one of the following:
(1) a group home or general residential operation regulated
by DFPS that provides treatment services and any other specialized
services that are necessary to meet the child's needs;
(2) a Home and Community Based Services (HCS) foster
or companion home;
(3) an HCS group home; or
(4) an intermediate care facility for persons with
intellectual disabilities or related conditions (ICF-ID), which may
include an ICF-ID operated by a local mental retardation authority,
a private ICF-ID, or a state supported living center.
(b) Unless ordered by a court, a child under the age
of 18 years may not be placed in an HCS four-bed group home or an
ICF-ID unless the placement has been approved by the Assistant Commissioner
for Child Protective Services or that person's designee.
(c) Regardless of where a child with intellectual disabilities
or related conditions is placed, DFPS must immediately seek to place
the child on all Medicaid Waiver lists for which the child is eligible.
(d) When a child is placed in a group home, general
residential operation or ICF-ID, DFPS must review the child's placement
at least every six months and continue to seek a placement for the
child in a less restrictive, more family-like setting.
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