SECTION 263.902. Permanency Planning

(a) The provisions contained in this section apply to an applicant under 22 years of age moving from a family setting and requesting supervised living or residential support.

(b) A LIDDA must, during the enrollment process:

(1) review the applicant's records, and, if possible, meet the applicant before the meeting described in paragraph (3) of this subsection;

(2) inform the applicant and LAR:

(A) of the benefits of living in a family setting;

(B) that the placement of the applicant is considered temporary; and

(C) that an ongoing permanency planning process is required; and

(3) convene a permanency planning meeting with the LAR and, as appropriate, the applicant.

(c) During the permanency planning meeting, the meeting participants must:

(1) discuss and choose one of the following goals:

(A) to live in the applicant's home or family home where the natural supports and strengths of the applicant's family are supplemented, as needed, by activities and supports provided or facilitated by the LIDDA or program provider; or

(B) to live in a family-based alternative with a family other than the applicant's family who:

(i) has received specialized training in the provision of support and in-home care for an individual under 22 years of age with an intellectual disability or a related condition;

(ii) will provide a consistent and nurturing environment in a family home that supports a continued relationship with the applicant's family to the extent possible; and

(iii) will provide an enduring, nurturing parental relationship with a specific adult; and

(2) to accomplish the goal chosen in accordance with paragraph (1) of this subsection, discuss and identify:

(A) the issues that led the applicant or LAR to request supervised living or residential support;

(B) the applicant's daily support needs;

(C) barriers to having the applicant reside in the family home;

(D) supports that would be necessary for the applicant to remain in the family home;

(E) actions that must be taken to overcome the barriers and provide the necessary supports;

(F) the importance for the applicant to live in a long-term nurturing relationship with a family;

(G) alternatives to the applicant living in an institutional setting;

(H) the applicant's and LAR's need for information and preferences regarding those alternatives;

(I) how, after the applicant's enrollment, to facilitate regular contact between the applicant and the applicant's family, and, if desired by the applicant and family, between the applicant and advocates and friends in the community to continue supportive and nurturing relationships;

(J) natural supports and family strengths that will assist in accomplishing the identified permanency planning goal;

(K) activities and supports that can be provided by the family, LIDDA, or program provider to achieve the permanency planning goal;

(L) assistance needed by the applicant's family:

(i) in maintaining a nurturing relationship with the applicant; and

(ii) preparing the family for the applicant's eventual return to the family home or move to a family-based alternative; and

(M) action steps, both immediate and long term, for achieving the permanency plan goal.

(d) A LIDDA must make reasonable accommodations to promote the participation of the LAR in a permanency planning meeting, including:

(1) conducting a meeting in person, by videoconferencing, or by telephone, as mutually agreed upon by the LIDDA and LAR;

(2) conducting a meeting at a time and, if the meeting is in person, at a location that is mutually agreed upon by the LIDDA and LAR;

(3) 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

(4) providing a language interpreter, if appropriate.

(e) A LIDDA must:

(1) develop a permanency plan using the HHSC Permanency Planning Instrument for Children Under 22 Years of Age form found on the HHSC website;

(2) complete the Permanency Planning Review Screen in HHSC data system during enrollment to obtain approval for an applicant to receive residential support or supervised living;

(3) keep a copy of the Permanency Planning Review Approval Status View Screen from HHSC data system in the applicant's record; and

(4) provide a copy of the permanency plan to the program provider, the applicant, and the LAR.

(f) A LIDDA must inform the applicant and LAR that they may request a volunteer advocate to assist in permanency planning.

(1) The applicant or LAR may:

(A) select a person who is not employed by or under contract with the LIDDA or a program provider; or

(B) request the LIDDA to designate a volunteer advocate.

(2) If an applicant or LAR requests that the LIDDA designate a volunteer advocate or the LIDDA cannot locate the applicant's LAR, the LIDDA must attempt to designate a volunteer advocate to assist in permanency planning who is, in order of preference:

(A) an adult relative who is actively involved with the applicant;

(B) a person who:

(i) is part of the applicant's natural supports; and

(ii) is not employed by or under contract with the LIDDA or a program provider; or

(C) a person or a child advocacy organization representative who:

(i) is knowledgeable about community services and supports;

(ii) is familiar with the permanency planning philosophy and processes; and

(iii) is not employed by or under contract with the LIDDA or a program provider.

(3) If a LIDDA is unable to locate a volunteer advocate locally, the LIDDA must request assistance from a statewide advocacy organization in identifying an available volunteer advocate who meets the requirements described in subsection (f)(2)(C) of this section. If the statewide advocacy organization is unable to assist the LIDDA in identifying a volunteer advocate, the LIDDA must document all efforts to designate a volunteer advocate in accordance with subsection (f)(2) of this section.

(g) Until an individual either becomes 22 years of age or is no longer receiving supervised living or residential support, a LIDDA must do the following six months after the date of the initial permanency planning meeting and every six months thereafter:

(1) provide written notice to the LAR of a meeting to conduct a review of the individual's permanency plan no later than 21 calendar days before the meeting date and include a request for a response from the LAR;

(2) convene a permanency planning meeting with the LAR and, if possible, the individual, to review the individual's current permanency plan in accordance with subsections (c) and (d) of this section, with an emphasis on changes or additional information gathered since the last permanency plan was developed;

(3) during the permanency planning meeting, develop a permanency plan using the HHSC Permanency Planning Instrument for Children Under 22 Years of Age form available on the HHSC website;

(4) perform the actions regarding a volunteer advocate as described in subsection (f) of this section;

(5) complete the Permanency Planning Review Screen in the HHSC data system within 10 calendar days after the date of the permanency planning meeting;

(6) ensure that approval for the individual to continue to receive residential support or supervised living is obtained every six months from the HHSC executive commissioner or designee;

(7) keep a copy of the Permanency Planning Review Approval Status View Screen from the HHSC data system in the individual's record;

(8) provide a copy of the permanency plan to the program provider, the individual, and the LAR; and

(9) if the LIDDA determines it is unable to locate the parent or LAR, notify the service coordinator of such determination.

(h) If a LIDDA receives information that an individual under 22 years of age who has been enrolled in the HCS Program moved from a family setting and started receiving supervised living or residential support, the LIDDA must, within the timeframes described in the performance contract between HHSC and the LIDDA:

(1) provide an explanation of services and supports and other information in accordance with §263.104(e)(1) of this chapter (relating to Process for Enrollment of Applicants); and

(2) take actions to conduct permanency planning as described in subsections (b) - (f) of this section.

Source Note: The provisions of this §263.902 adopted to be effective March 1, 2023, 48 TexReg 1080