SECTION 904.171. MRA and State MR Facility Responsibilities

(a) MRA responsibilities.

(1) Except for a request for admission for respite care, when admission to a state MR facility is requested for an individual under 22 years of age, the designated MRA must:

(A) before the individual is admitted to the facility, inform the LAR:

(i) of the benefits of living in a family or community setting;

(ii) that the individual's stay in the facility is considered temporary; and

(iii) that an ongoing permanency planning process is required;

(B) take or ensure that the actions described in §9.244(f) of this title (relating to Applicant Enrollment in the ICF/MR Program) are taken to conduct permanency planning; and

(C) take the actions described in §9.244(g)-(i) of this title regarding a volunteer advocate.

(2) An MRA does not have to comply with paragraph (1)(A) of this subsection if the individual has been committed to a state MR facility under Chapter 46B, Code of Criminal Procedure, or Chapter 55, Family Code.

(3) For an individual under 22 years of age who resides in a state MR facility, the designated MRA must conduct a permanency planning review in accordance with §9.250 of this title (relating to Permanency Planning Reviews).

(b) State MR facility responsibilities.

(1) Upon the admission of an individual under 22 years of age to a state MR facility, a state MR facility:

(A) requests from and encourages the LAR to provide the information described in §9.222(e) of this title (relating to Permanency Planning and LAR Participation for Individuals Under 22 Years of Age);

(B) makes notifications as described in §9.222(c) and (d) of this title; and

(C) incorporates permanency planning as an integral part of the individual's initial individual program plan (IPP) and identifies information in the IPP as described in §9.222(a) of this title.

(2) For an individual under 22 years of age who resides in a state MR facility, a state MR facility:

(A) incorporates permanency planning as an integral part of the individual's IPP and identifies information in the IPP as described in §9.222(a) of this title;

(B) takes the actions described in §9.222(b) of this title to assist the individual's designated MRA in conducting permanency planning;

(C) requests from and encourages the LAR to provide the information described in §9.222(e) of this title;

(D) provides notice to the individual and LAR of a meeting to conduct the annual review of the individual's IPP as described in §9.222(g) of this title;

(E) attempts to notify the LAR of an emergency situation as described in §9.222(h) of this title;

(F) attempts to locate the LAR as described in §9.222(i) of this title, if the LAR does not respond to a notification by the state MR facility; and

(G) notifies DADS as described in §9.222(j) of this title if the LAR cannot be located.

(3) A state MR facility makes reasonable accommodations to promote the participation of the LAR as described in §9.222(f) of this title.

(4) A state MR facility documents compliance with the requirements of this subsection in the individual's record.

(c) DADS referral. If, within one year of the date DADS receives the notification described in subsection (b)(2)(G) 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.

Source Note: The provisions of this §904.171 adopted to be effective September 1, 2006, 31 TexReg 6783; transferred effective September 1, 2023, as published in the August 11, 2023, issue of the Texas Register, 48 TexReg 4397