SECTION 307.205. Definitions

The following words and terms, when used in this subchapter, have the following meanings:

(1) Business day--Any day except a Saturday, Sunday, or legal holiday listed in Texas Government Code §662.021.

(2) Case manager--An employee of the local mental health authority (LMHA) or local behavioral health authority (LBHA) who provides mental health case management services.

(3) Child--A person under 18 years of age as defined under Texas Human Resources Code §42.002 and not emancipated under state law.

(4) DFPS--The Texas Department of Family and Protective Services.

(5) Eligibility assessment--The process an LMHA or an LBHA uses to gather information from a child and the child's legally authorized representative to determine if the child meets eligibility criteria for receiving services through the Residential Treatment Center (RTC) Project.

(6) HHSC--The Texas Health and Human Services Commission, or its designee.

(7) LAR--Legally authorized representative. A person authorized by law to act on behalf of a child regarding a matter described in this subchapter, and may include a parent, legal guardian, or managing conservator of a child.

(8) LBHA--Local behavioral health authority. An entity designated as the local behavioral health authority by HHSC in accordance with Texas Health and Safety Code §533.0356.

(9) LMHA--Local mental health authority. An entity designated as the local mental health authority by HHSC in accordance with Texas Health and Safety Code §533.035(a).

(10) LPHA--Licensed practitioner of the healing arts. A person who is:

(A) a physician;

(B) a physician assistant;

(C) an advanced practice registered nurse;

(D) a licensed psychologist;

(E) a licensed professional counselor;

(F) a licensed clinical social worker; or

(G) a licensed marriage and family therapist.

(11) Ombudsman--The Ombudsman for Behavioral Health Access to Care established by Texas Government Code §531.02251 serves as a neutral party to help individuals, including individuals who are uninsured or have public or private health benefit coverage, and behavioral health care providers navigate and resolve issues related to the individual's access to behavioral health care, including care for mental health conditions and substance use disorders.

(12) RTC--Residential treatment center. A general residential operation regulated under Texas Human Resources Code Chapter 42 and Chapter 748 of this title (relating to Minimum Standards for General Residential Operations) for seven or more children that exclusively provides treatment services for children with emotional disorders.

(13) RTC Project--The HHSC relinquishment avoidance program that provides residential mental health services to a child with a serious emotional disturbance without the child entering the managing conservatorship of DFPS, in accordance with Texas Family Code Chapter 262, Subchapter E.

(14) RTC project team--The HHSC team that provides oversight of the RTC Project.

(15) RTC contractor--A residential treatment center that contracts with HHSC to provide services under this subchapter.

(16) SED--Serious emotional disturbance. A mental, behavioral, or emotional disorder of sufficient duration to result in functional impairment that substantially interferes with or limits a person's role or ability to function in family, school, or community activities in accordance with Texas Government Code §531.251.

(17) Service planning team--A team that must develop, review, and revise the service plan and discharge plan. The team must consist of:

(A) an RTC contractor;

(B) in addition to the requirements outlined in Chapter 748, Subchapter I of this title (relating to Admission, Service Planning, and Discharge), the service planning team includes:

(i) the child;

(ii) the child's LAR;

(iii) a representative from the LMHA or LBHA assigned to work with the child and family; and

(iv) the child's individual and family therapist; and

(C) other participants on the service planning team may include other individuals as requested by the child, the child's LAR, the LMHA or LBHA, or the RTC and agreed upon by the child's LAR.

Source Note: The provisions of this §307.205 adopted to be effective April 10, 2023, 48 TexReg 1829