SECTION 904.101. Accessing Alternative Living Arrangements for an Individual Residing in a State MR Facility Who Has the Ability to Provide Legally Adequate Consent or Has a Legally Authorized Representative (LAR)

(a) If an individual with the ability to provide legally adequate consent or an LAR agrees with and accepts an IDT recommendation to seek an alternative living arrangement, the IDT will inform the individual's designated MRA to schedule a planning meeting as appropriate.

(b) If the individual is a minor, the IDT's goal in identifying potential alternative living arrangements is to ensure that the alternative living arrangement will provide a consistent, nurturing environment and an enduring, positive adult relationship with a specific person who will be an advocate for that minor.

(1) If it is not possible for the minor to live with the natural family, the feasibility of other family living arrangements should be explored as possible support options.

(2) The IDT will determine the frequency, timing, and scope of IDT meetings to ensure that a minor residing in a state MR facility is reviewed by the IDT as often as necessary based on the changing needs of the minor and the family. The IDT will designate a state MR facility contact person with whom the designated MRA must communicate at least quarterly to discuss existing and planned alternative living arrangements which may be appropriate for the minor. This information will be communicated to the minor's LAR in a manner and frequency preferred by the LAR.

(c) When the individual is school eligible, at least 30 calendar days notice of IDT meetings will be given to the individual, the LAR, and the representative from the appropriate school district. The school district representative will be invited to IDT meetings at which movement by the school eligible individual to the community will be discussed.

(d) During an IDT meeting, state MR facility staff and staff from the designated MRA will describe the different types of alternative living arrangements and answer any questions the individual or LAR may have. The individual or LAR will be asked to identify the desired outcomes for the alternative living arrangement, and preferences of geographic location(s) within the state where the individual wants to live or the LAR wants the individual to live.

(e) Once the desired outcomes and preferences of the individual or the LAR have been identified, the designated MRA is responsible for:

(1) contacting other involved MRAs and obtaining information about providers in their local service areas;

(2) coordinating communication between the individual or LAR, the state MR facility, other involved MRAs and providers; and

(3) inviting a representative from each involved MRA to a meeting of the state MR facility's IDT to discuss the preferences and desires of the individual or LAR regarding alternative living arrangements, as well as the service and support needs identified by the IDT, the individual, and the LAR.

(f) At the meeting described in subsection (e)(3) of this section or a later meeting of the IDT, state MR facility staff will begin the process of completing the community living profile as described in §412.278(c)(1) of this title (relating to Community Living/Discharge Plan for Alternative Living Arrangements).

(1) Copies of the completed profile will be sent to the individual or LAR and the designated MRA within 14 calendar days of the IDT meeting at which it was initiated.

(2) If the preferred geographic location(s) of the individual or LAR is in the local service area of another MRA(s), the designated MRA will provide copies of the profile to the other involved MRA(s).

(g) The designated MRA will provide the individual, the LAR, and the IDT with a list of the providers in the preferred geographic locations and current information prepared by the providers.

(1) The individual or LAR will select providers to which the community living profile is to be sent.

(2) The state MR facility's IDT will ensure that the individual or the LAR have been informed that the community living profile will be shared with providers in accordance with §414.7(d) of this title (relating to When Consent for Disclosure is not Required: Clients Receiving MHMR Services).

(h) Within 14 calendar days of receiving the completed community living profile, the MRA will send the profile to the providers selected by the individual or the LAR. When more than one MRA is involved, the designated MRA will coordinate with the other involved MRAs to ensure that profiles are sent to all selected providers.

(i) The designated MRA must coordinate with the state MR facility and other involved MRAs, as appropriate, to assist the individual or LAR in making arrangements for visits to proposed providers. If an overnight visit is planned, the state MR facility will, prior to the visit, furnish the proposed provider with the following:

(1) identifying data including legal status and determined disability(ies);

(2) pertinent medical/medication information;

(3) behavioral data; and

(4) other pertinent treatment information.

(j) The state MR facility will send an adequate medication supply, clothing, personal items, and adaptive equipment with the individual at the time of the overnight visit.

(k) The individual or LAR will inform a designated state MR facility staff person when a provider has been selected. The individual or LAR may choose a provider with an immediate opening or, if there is no immediate opening, may ask to be placed on a waiting list for the desired services.

(l) After the individual or LAR has selected provider, the IDT will meet to complete the community living/discharge plan as described in §412.278 of this title (relating to Community Living/Discharge Plan for Alternative Living Arrangements).

(m) The individual or LAR may request that the designated MRA facilitate the development of a specific community living arrangement if there is no arrangement in existence which meets the individual's service and support needs as described in the community living profile and the preferences and desired outcomes of the individual or LAR.

Source Note: The provisions of this §904.101 adopted to be effective January 1, 2001, 25 TexReg 12746; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective September 1, 2023, as published in the August 11, 2023, issue of the Texas Register, 48 TexReg 4397