SECTION 904.47. Process for Admission of an Adult or a Minor Who Has Been Committed to a State MR Facility Under the PMRA

(a) If a court orders an individual committed to a state MR facility, the MRA will coordinate the compilation of an application packet for submission to the state MR facility serving the individual's county of residence.

(b) The MRA must retain a copy of the application packet, as described in §2.265(g) of this subchapter (relating to MRA Referral of an Applicant to a State MR Facility) and send the original application packet to the admission coordinator of the state MR facility.

(c) DADS will determine when a vacancy exists in a state MR facility and which individuals are appropriate to fill the vacancy, based on the information in the application packets.

(d) Upon notification from DADS that an appropriate vacancy in a state MR facility is available, the MRA will contact the LAR or family of each individual identified by DADS as appropriate to fill the vacancy and will:

(1) determine whether the LAR or family of the individual is still seeking admission of the individual to a state MR facility under the commitment;

(2) determine whether the individual would accept the proposed admission to the state MR facility; and

(3) update the information in the individual's application packet, including ensuring that the assessments reflect the individual's current level of functioning.

(e) The state MR facility will offer admission under the commitment order to one of those individuals identified by DADS as appropriate to fill the vacancy and who the MRA has determined would accept the proposed admission to the state MR facility.

(f) If the applicant or the applicant's LAR accepts the proposed admission, the MRA must request enrollment of the applicant in the ICF/MR Program as described in §9.244 of this title (relating to Applicant Enrollment in the ICF/MR Program), if appropriate.

(g) If the applicant or LAR has accepted the proposed admission, and the MRA has filed for commitment, but the commitment order has not been completed, the MRA may petition the court for an order of protective custody.

(h) The MRA shall coordinate the following with the state MR facility's admission coordinator:

(1) transportation arrangements for the individual on the day of the admission;

(2) arrangements for the individual's LAR to be present at the state MR facility when the individual is admitted, or if the individual does not have an LAR, for the individual's family members or other actively involved persons to be present; and

(3) the exchange of essential information training necessary to familiarize staff at the state MR facility with the needs of the individual.

(i) If the LAR or family of the individual no longer wishes to pursue admission of the individual to a state MR facility under the commitment order, the MRA will notify the court in writing.

Source Note: The provisions of this §904.47 adopted to be effective January 1, 2001, 25 TexReg 12746; amended to be effective March 31, 2002, 27 TexReg 2445; 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 6783; transferred effective September 1, 2023, as published in the August 11, 2023, issue of the Texas Register, 48 TexReg 4397