Section 261.222 - Permanency Planning and LAR Participation for Individuals Under 22 Years of Age(a) As required by Texas Government Code, § 531.153, a program provider must incorporate permanency planning as an integral part of the IPP for each individual under 22 years of age residing in the facility. In order to accomplish the permanency planning goal in accordance with § 261.244(f) of this chapter (relating to Applicant Enrollment in the ICF/MR Program), the program provider must identify in the IPP, as appropriate to the individual's needs: (1) for an individual under 18 years of age, the activities, supports, and services that, when provided or facilitated by the program provider or MRA, will enable the individual to live with a family; or(2) for an individual age 18 to 22 years of age, the activities, supports, and services that, when provided or facilitated by the program provider or MRA, will result in the individual having a consistent and nurturing environment in the least restrictive setting, as defined by the individual and LAR.(b) A program provider must take the following actions to assist an MRA in conducting permanency planning for an individual under 22 years of age: (1) cooperate with the MRA responsible for conducting permanency planning by: (A) allowing access to an individual's records or providing other information in a timely manner as requested by the MRA or the Health and Human Services Commission;(B) participating in meetings to review the individual's permanency plan; and(C) identifying, in coordination with the individual's MRA, activities, supports, and services that can be provided by the family, LAR, program provider, or the MRA to prepare the individual for an alternative living arrangement;(2) encourage regular contact between the individual and LAR and, if desired by the individual and LAR, between the individual and advocates and friends in the community to continue supportive and nurturing relationships;(3) encourage participation in IDT meetings by the LAR, and, if desired by the individual or LAR, by family members, advocates, and friends in the community;(4) provide the IPP summary to the individual's MRA;(5) keep a copy of the individual's current permanency plan in the individual's record; and(6) refrain from providing the LAR with inaccurate or misleading information regarding the risks of moving the individual to another facility or community setting.(c) Within three days after the admission of an individual under 22 years of age, a program provider must notify the following entities of such admission and provide information in accordance with subsection (d) of this section: (1) the MRA in whose local service area the facility is located (see www.dads.state.tx.us/contact/mra/index.cfm for a listing of MRAs by county or city);(2) the CRCG for the county in which the LAR lives (see www.hhsc.state.tx.us/crcg/crcg.htm for a listing of CRCG chairpersons by county); and(3) the local school district for the area in which the facility is located, if the individual is at least three years of age, or the early childhood intervention (ECI) program for the county in which the facility is located, if the individual is less than three years of age (see www.dars.state.tx.us/ecis/index.shtml or call 1-800-250-2246 for a listing of ECI programs by county).(d) The program provider's notification given by the program provider in accordance with subsection (c) of this section must include the following information about an individual: (5) Social Security number;(6) LAR's name, address and county of residence;(7) date of admission to the facility;(8) name and address of the facility;(9) name and phone number of person submitting the notification;(10) those services from the following listing that will facilitate the individual's permanency planning outcomes: (A) personal and family support services provided in the individual's home;(B) residential services provided outside the individual's family or own home;(C) vocational services; and(D) training services provided outside of the individual's family or own home, including specialized professional services.(e) A program provider must: (1) request from and encourage an LAR to provide the following information for an individual during the annual IPP meeting and, for an applicant, upon admission: (A) the LAR's: (iv) driver license number and state of issuance or personal identification card number issued by the Department of Public Safety; and(v) place of employment and the employer's address and telephone number;(B) the name, address, and telephone number of a relative of the individual or other person whom DADS or the program provider may contact in an emergency situation, a statement indicating the relationship between that person and the individual, and at the LAR's option: (i) that person's driver license number and state of issuance or personal identification card number issued by the Department of Public Safety; and(ii) the name, address, and telephone number of that person's employer; and(C) a signed acknowledgement of responsibility stating that the LAR agrees to: (i) notify the program provider of any changes to the contact information submitted; and(ii) make reasonable efforts to participate in the individual's life and in planning activities for the individual; and(2) inform the LAR that if the information described in paragraph (1) of this subsection is not provided or is not accurate and the program provider and DADS are unable to locate the LAR as described in subsections (j) and (k) of this section, DADS refers the case to the Department of Family and Protective Services.(f) For an individual under 22 years of age, a program provider must: (1) make reasonable accommodations to promote the participation of the LAR in all planning and decision-making regarding the individual's care, including participating in: (A) the initial development and annual review of the individual's IPP;(B) decision-making regarding the individual's medical care;(C) routine IDT meetings; and(D) decision-making and other activities involving the individual's health and safety; and(2) ensure that reasonable accommodations include: (A) conducting a meeting in person or by telephone, as mutually agreed upon by the program provider and the LAR;(B) conducting a meeting at a time and, if the meeting is in person, at a location that is mutually agreed upon by the program provider and the LAR;(C) 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(D) providing a language interpreter, if appropriate.(g) For an individual under 22 years of age, a program provider must provide written notice to the LAR of a meeting to conduct an annual review of the individual's IPP no later than 21 days before the meeting date and request a response from the LAR.(h) If an emergency situation occurs, a program provider must attempt to notify the LAR as soon as the emergency situation allows and request a response from the LAR.(i) If an LAR does not respond to a notice of the individual's IPP review meeting, a request for the LAR's consent, or an emergency situation, the program provider must attempt to locate the LAR by contacting a person identified by the LAR in the contact information described in subsection (e) of this section.(j) No later than 30 days after the date a program provider determines that it is unable to locate the LAR, the program provider must notify DADS of that determination and request that DADS initiate a search for the LAR.(k) If, within one year of the date DADS receives the notification described in subsection (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 individual is under 18 years of age; or(2) the Adult Protective Services Division of the Department of Family and Protective Services if the individual is 18-22 years of age.(l) Before an individual 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 program provider, the program provider must 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 individual or another person.(m) A program provider must document compliance with the requirements of this section in the individual's record.26 Tex. Admin. Code § 261.222
Adopted to be effective January 1, 2001, 25 TexReg 12790; 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 from Title 40, § 9.222 by Texas Register, Volume 45, Number 35, August 28, 2020, TexReg 6127, eff. 10/1/2020