reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter D - OUTPATIENT COMPETENCY RESTORATION › Section 307.155 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings.
(1) Adaptive behavior--The effectiveness with
				  which, or degree to which, an individual meets the standards of personal
				  independence and social responsibility expected of the individual's age and
				  cultural group.
(2) Competency
				  restoration--The treatment or education process for restoring an individual's
				  ability to consult with the individual's attorney with a reasonable degree of
				  rational understanding, including a rational and factual understanding of the
				  court proceedings and charges against the individual.
(3) Court--A court of law presided over by a
				  judge, judges, or a magistrate in civil and criminal cases.
(4) Extension--The term has the meaning
				  described in Texas Code of Criminal Procedure, Article 46B.080(d). An extension
				  begins on the later of:
(A) the date the court
				  enters the order under Article 46B.080(a); or
(B) the date competency restoration services
				  begin pursuant to the order entered under Article 46B.080(a).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter D - OUTPATIENT COMPETENCY RESTORATION › Section 307.157 - Recommendation Regarding Outpatient Competency Restoration Program Admission

Current through Reg. 49, No. 28; July 12, 2024
(a) The OCR provider must assess the
				  individual to determine if OCR services are appropriate by ensuring the
				  following assessments are conducted by a person qualified to conduct the
				  assessments pursuant to their state license, permit, or other legal
				  authorization:
(1) a clinical assessment,
				  including substance use history; and
(2) a violence risk assessment utilizing a
				  validated risk assessment tool.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter D - OUTPATIENT COMPETENCY RESTORATION › Section 307.159 - Admission to an Outpatient Competency Restoration Program

Current through Reg. 49, No. 28; July 12, 2024
(a) An OCR provider must admit an individual
				  to an OCR program upon receipt of a court order requiring the individual to
				  participate in OCR services under Texas Code of Criminal Procedure Chapter 46B,
				  Subchapter D.
(b) In accordance
				  with Texas Code of Criminal Procedure, Article 46B.0735, the initial competency
				  restoration period begins on the later of:
(1)
				  the date the individual is ordered to participate in OCR services; or
(2) the date the individual is committed to a
				  mental health facility, residential care facility, or jail-based competency
				  restoration program; or
(3) the
				  date competency restoration services begin.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter D - OUTPATIENT COMPETENCY RESTORATION › Section 307.161 - General Service Requirements

Current through Reg. 49, No. 28; July 12, 2024
An OCR provider:
(1) must make competency restoration
				  education interactive and available in multiple learning formats to the
				  individual receiving competency restoration education, which may include:
(A) discussion;
(B) written text and discussion;
(C) recorded video and discussion;
				  and
(D) experiential learning, such
				  as role-playing or mock trial, and discussion;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter D - OUTPATIENT COMPETENCY RESTORATION › Section 307.163 - Assessment, Reassessment, Court Reporting, and Extension

Current through Reg. 49, No. 28; July 12, 2024
(a) An OCR provider must:
(1) regularly evaluate the individual's
				  progress towards attainment of competency to stand trial and likeliness to
				  restore to competency in the foreseeable future;
(2) report the individual's progress toward
				  achieving competency to the court in accordance with Texas Code of Criminal
				  Procedure, Article 46B.077:
(A) no later than
				  the 14th day after the date competency restoration services begin;
				  and
(B) at least once each 30-day
				  period following the date of the first report to the court after competency
				  restoration services begin;
(3) promptly report to the court the
				  individual's attainment of competency or whether the individual is not likely
				  to restore to competency in the foreseeable future in accordance with Texas
				  Code of Criminal Procedure, Article 46B.079; and
(4) notify the court no later than 15 days
				  before the date on which the initial restoration period is to expire that the
				  period is about to expire in accordance with Texas Code of Criminal Procedure,
				  Article 46B.079.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter D - OUTPATIENT COMPETENCY RESTORATION › Section 307.165 - Discharge Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) When an OCR
				  provider discharges an individual from OCR services upon completion of
				  court-ordered participation in the OCR program, the OCR provider must provide
				  continuity of care services. Discharge planning begins upon admission into the
				  OCR program and includes:
(1) a plan for
				  maintaining housing and utilities for three months or more after
				  discharge;
(2) coordination of
				  ongoing services through the LMHA or LBHA in the individual's county of
				  residence or the individual's designated LIDDA as provided in section 5000 of
				  the LIDDA handbook available on HHSC's website;
(3) the provision of medication and
				  documentation of a scheduled psychiatric follow-up appointment after
				  discharge;
(4) completion of all
				  appropriate benefits applications on behalf of any individual, including
				  signing up for long-term subsidized housing;
(5) confirmation that an assisted living
				  facility to which an individual is referred is licensed under Texas Health and
				  Safety Code Chapter 247 and Chapter 553 of this title (relating to Licensing
				  Standards for Assisted Living Facilities) by contacting the HHSC Assisted
				  Living Facility Licensing and Certification Unit, if applicable;
(6) coordination of appropriate transfer to
				  an inpatient treatment facility, if applicable; and
(7) coordination of appropriate transfer if
				  returned to custody.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter D - OUTPATIENT COMPETENCY RESTORATION › Section 307.167 - Data

Current through Reg. 49, No. 28; July 12, 2024
(a) An OCR provider must collect and report
				  the following data into HHSC's designated automation system for each individual
				  admitted to or discharged from an OCR program, including:
(1) whether the individual has been charged
				  with a felony;
(2) whether the
				  individual has been charged with a misdemeanor;
(3) whether the individual withdrew from the
				  OCR program without the court's authorization;
(4) whether the individual received an
				  additional charge of a Class B misdemeanor or a higher category of offense
				  while ordered to the OCR program;
(5) whether the individual has been restored
				  to competency within the timeframe allotted by statute;
(6) the number of days from the day the court
				  orders OCR to the day the individual begins participation in the OCR
				  program;
(7) the number of days an
				  individual charged with a felony received treatment and services in the OCR
				  program;
(8) the number of days an
				  individual charged with a misdemeanor received treatment and services in the
				  OCR program;
(9) whether an
				  extension of services was sought for an individual charged with a
				  felony;
(10) whether an extension
				  of services was sought for an individual charged with a misdemeanor;
(11) whether an individual has not restored
				  to competency at the conclusion of court-ordered services as determined by the
				  court; and
(12) types of services
				  provided to the individual other than psychiatric services and competency
				  restoration education.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter D - OUTPATIENT COMPETENCY RESTORATION › Section 307.169 - Written Policies and Procedures

Current through Reg. 49, No. 28; July 12, 2024
An OCR provider must develop and implement written
					 policies and procedures that outline processes for:
(1) maintaining a list of each staff member
				  providing OCR services, including the staff members':
(A) position and credentials;
(B) reporting structure; and
(C) responsibilities;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter D - OUTPATIENT COMPETENCY RESTORATION › Section 307.171 - Staff Member Training

Current through Reg. 49, No. 28; July 12, 2024
An OCR provider must ensure staff members complete training
					 and document evidence of training in the following:
(1) trauma informed care;
(2) cultural competency;
(3) rights of persons receiving OCR services
				  in accordance with § 307.173 of this subchapter (relating to
				  Rights);
(4) identifying,
				  preventing, and reporting abuse, neglect, and exploitation in accordance with
				  25 TAC Chapter 414, Subchapter L (relating to Abuse, Neglect, and Exploitation
				  in Local Authorities and Community Centers) to the Texas Department of Family
				  and Protective Services at 1-800-252-5400 or online at www.txabusehotline.org
				  in accordance with applicable state laws and rules; and
(5) using a protocol for preventing and
				  managing aggressive behavior, including de-escalation intervention techniques
				  in accordance with 25 TAC Chapter 415, Subchapter F (relating to Interventions
				  in Mental Health Services).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter D - OUTPATIENT COMPETENCY RESTORATION › Section 307.173 - Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) An OCR provider must:
(1) inform the individual receiving OCR
				  services of the individual's rights in accordance with 25 TAC Chapter 404,
				  Subchapter E (relating to Rights of Persons Receiving Mental Health Services)
				  or 40 TAC Chapter 4, Subchapter C (relating to Rights of Individuals with an
				  Intellectual Disability), as applicable;
(2) provide the individual with a copy of the
				  rights handbook published for an individual receiving mental health services or
				  an individual with an ID; and
(3)
				  explain to the individual receiving OCR services how to initiate a complaint
				  and how to contact:
(A) the Ombudsman for
				  complaints against the OCR provider; and
(B) the Texas protection and advocacy
				  agency.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter D - OUTPATIENT COMPETENCY RESTORATION › Section 307.175 - Compliance with Statutes and Rules

Current through Reg. 49, No. 28; July 12, 2024
In addition to any applicable federal or state law or rule,
					 an OCR provider must comply with:
(1)
				  Texas Health and Safety Code Chapter 574;
(2) Texas Code of Criminal Procedure Chapter
				  46B;
(3) Other applicable federal
				  and state laws, including:
(A) Health
				  Insurance Portability and Accountability Act of 1996;
(B) 42 CFR Part 2 and Part 51, Subpart
				  D;
(C)
											45 CFR Parts
				  160 and
				  164;
(D) Texas Health and Safety Code Chapters
				  181, 595, and 611;
(E) Texas Health
				  and Safety Code §
											533.009,
				  §
											576.005,
				  §
											576.007, and
				  §
											614.017;
(F) Texas Occupations Code Chapter 159;
				  and
(G) Texas Business and Commerce
				  Code §
											521.053;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter E - CHILDREN'S MENTAL HEALTH-RESIDENTIAL TREATMENT CENTER PROJECT › Section 307.201 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to implement the
					 relinquishment avoidance program in accordance with Texas Family Code Chapter 262,
					 Subchapter E, which provides beds in residential treatment center operations to
					 prevent the relinquishment of parental conservatorship to the Texas Department of
					 Family and Protective Services solely to obtain mental health services for a child
					 with a serious emotional disturbance. For this subchapter, the relinquishment
					 avoidance program is called the Residential Treatment Center (RTC)
					 Project.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter E - CHILDREN'S MENTAL HEALTH-RESIDENTIAL TREATMENT CENTER PROJECT › Section 307.203 - Application

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to:
(1) residential treatment center (RTC) providers
				  that contract with the Texas Health and Human Services Commission to provide RTC
				  Project services;
(2) local mental
				  health authorities and local behavioral health authorities, with RTC Project
				  administrative responsibilities; and
(3)
				  a child, and their legally authorized representative, who:
(A) meet eligibility criteria as provided in
				  §
											307.207 of this subchapter (relating to
				  Eligibility Criteria to Participate in the RTC Project); and
(B) are applicants or recipients of services from
				  the RTC Project.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter E - CHILDREN'S MENTAL HEALTH-RESIDENTIAL TREATMENT CENTER PROJECT › Section 307.205 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter E - CHILDREN'S MENTAL HEALTH-RESIDENTIAL TREATMENT CENTER PROJECT › Section 307.207 - Eligibility Criteria to Participate in the RTC Project

Current through Reg. 49, No. 28; July 12, 2024
(a) The child must:
(1) be a resident of the State of Texas;
(2) be younger than 18 years of age;
(3) have an SED as determined by a professional
				  authorized to make the determination within the scope of their Texas state license,
				  permit, or other certification;
(4)
				  require residential treatment services, as outlined in §
											307.213 of this subchapter (relating to
				  Assessing Eligibility); and
(5) not be
				  in DFPS managing conservatorship by written court order issued under Texas Family
				  Code Chapter 153.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter E - CHILDREN'S MENTAL HEALTH-RESIDENTIAL TREATMENT CENTER PROJECT › Section 307.209 - Referral Process

Current through Reg. 49, No. 28; July 12, 2024
(a) A referral may occur in one of two ways:
(1) An LAR, or an individual supporting the family
				  with the LAR's consent, interested in the RTC Project requests a referral for
				  treatment services through the child's designated LMHA or LBHA which then submits a
				  referral to the RTC Project team; or
(2)
				  DFPS may submit a referral to the RTC Project team when DFPS receives an intake for
				  which a referral may be appropriate.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter E - CHILDREN'S MENTAL HEALTH-RESIDENTIAL TREATMENT CENTER PROJECT › Section 307.211 - Interest List Management

Current through Reg. 49, No. 28; July 12, 2024
(a) The child remains on
				  the RTC Project interest list until the child is admitted to an RTC or removed from
				  the interest list pursuant to §307.211(b) of this section.
(b) The RTC Project team removes a child's name
				  from the interest list if:
(1) the RTC Project
				  team determines the child is ineligible in accordance with §
											307.207 of this subchapter (relating to
				  Eligibility Criteria to Participate in the RTC Project);
(2) the child's LAR submits a request to remove
				  the child's name from the RTC Project interest list verbally or in
				  writing;
(3) the child's LAR declines
				  RTC Project services verbally or in writing;
(4) the child's LAR declines LMHA or LBHA services
				  verbally or in writing;
(5) the child is
				  placed in DFPS managing conservatorship by written court order issued under Texas
				  Family Code Chapter 153;
(6) the child
				  is no longer a resident of Texas;
(7)
				  the child is committed to the Texas Juvenile Justice Department or the Texas
				  Department of Criminal Justice;
(8) the
				  child is deceased;
(9) The child is no
				  longer in need of RTC Project services and has been on the interest list for over 30
				  calendar days as described in subsection (c) of this section;
(10) the LMHA, LBHA, or RTC Project team has been
				  unable to contact the child's LAR to complete the activities or documents required
				  for the application packet;
(11) the
				  child is admitted for treatment through the RTC Project; or
(12) the child has exhausted all placement options
				  or has been denied admission into all eligible RTC operations participating in the
				  RTC Project more than once, as outlined in the HHSC RTC Project policy
				  manual.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter E - CHILDREN'S MENTAL HEALTH-RESIDENTIAL TREATMENT CENTER PROJECT › Section 307.213 - Assessing Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) The LMHA or LBHA
				  must designate a staff person who is a qualified mental health
				  professional-community services, as defined in §
										301.303 of this title (relating to
				  Definitions), or LPHA, to assess the child for eligibility within two business days
				  after a request for referral is received from the LAR or the RTC Project team. The
				  LMHA or LBHA must determine:
(1) the most
				  appropriate and available treatment options in accordance with §
											306.163 of this title (relating to Most
				  Appropriate and Available Treatment Options); and
(2) there are no other mental health services
				  available to support the child in their community.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter E - CHILDREN'S MENTAL HEALTH-RESIDENTIAL TREATMENT CENTER PROJECT › Section 307.215 - Notification and Appeal Process

Current through Reg. 49, No. 28; July 12, 2024
(a) The LMHA or LBHA must inform the child's LAR,
				  in writing, within seven business days of the child's removal from the interest list
				  for RTC Project services for the applicable reasons provided in §
										307.211(b) of this
				  subchapter (relating to Interest List Management).
(b) If the child's name is removed from the
				  interest list, the written notification to the child's LAR includes:
(1) the reasons for the removal of the child's
				  name from the interest list and the process for appealing the decision in accordance
				  with this section;
(2) the availability
				  of information and assistance from the HHSC Ombudsman by contacting the Ombudsman at
				  1-800-252-8154 or online at hhs.texas.gov/ombudsman;
(3) the telephone number and address of the
				  protection and advocacy system established in Texas; and
(4) information developed by DFPS regarding the
				  process for initiating an intake with DFPS for possible investigation and filing of
				  a Suit Affecting the Parent Child Relationship pursuant to Texas Family Code Title
				  5, Chapter 262.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter E - CHILDREN'S MENTAL HEALTH-RESIDENTIAL TREATMENT CENTER PROJECT › Section 307.217 - Application Packet

Current through Reg. 49, No. 28; July 12, 2024
(a) The LMHA or LBHA must ensure an application
				  packet is completed for every child on the interest list who meets eligibility
				  criteria for the RTC Project.
(1) The LMHA or LBHA
				  assists the child's LAR to complete the application packet and submits the completed
				  application packet on behalf of the child's LAR to the RTC Project team.
(2) The RTC Project team looks for RTC treatment
				  for the child after eligibility is determined and the application packet is
				  complete.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter E - CHILDREN'S MENTAL HEALTH-RESIDENTIAL TREATMENT CENTER PROJECT › Section 307.219 - Local Mental Health Authority and Local Behavioral Health Authority Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The LMHA or LBHA must not require an LAR to
				  contact DFPS to initiate a referral to the RTC Project in accordance with Texas
				  Family Code §
										262.353.
(b) The LMHA or LBHA must designate a staff person
				  as an RTC Project liaison responsible for receiving and submitting referrals to the
				  RTC Project.
(c) The LMHA or LBHA must
				  assign a case manager after the child is determined eligible for the RTC Project.
				  The LMHA or LBHA case manager must:
(1) offer the
				  child services at the appropriate level of care indicated by the eligibility
				  assessment, including referrals to community resources as appropriate;
(2) offer the child's LAR Certified Family Partner
				  services, as defined in §
											306.305 of this title (relating to
				  Definitions);
(3) assist the child's LAR
				  in applying for Medicaid or Medicaid Buy-In;
(4) assist the child's LAR with completing the
				  application packet after determined eligible for the RTC Project;
(5) as part of the application packet, assist the
				  child's LAR with obtaining either a psychiatric evaluation, psychosocial assessment,
				  or psychological evaluation of the child that includes a mental health diagnosis, if
				  one has not been completed within the past year or if it is not available. The
				  mental health diagnosis must be determined by a professional authorized to make the
				  determination within the scope of their Texas state license, permit, or other
				  certification;
(6) enroll the child in
				  an RTC level of care, provided in the Utilization Management Guidelines and Manual
				  posted on the HHSC website after the child's admission to the RTC;
(7) attend service planning team meetings
				  conducted by the RTC contractor;
(8)
				  submit monthly progress reports to the RTC Project team;
(9) attend the child's discharge planning meeting
				  conducted by the RTC contractor;
(10)
				  schedule a discharge follow-up appointment with the child and family after the
				  child's discharge from the RTC; and
(11)
				  schedule a child's appointment with a physician, or designee authorized by Texas
				  state law, to prescribe medications after the child's discharge from the
				  RTC.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter E - CHILDREN'S MENTAL HEALTH-RESIDENTIAL TREATMENT CENTER PROJECT › Section 307.221 - Residential Treatment Center Contractor Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) RTC contractors must
				  be licensed by HHSC Child Care Regulation and have a contract with HHSC to provide
				  RTC Project services.
(b) The RTC
				  contractor must provide comprehensive residential treatment services as outlined in
				  this subchapter, in the HHSC contract, and as described in the HHSC child-care
				  minimum standards for general residential operations. The RTC must:
(1) provide psychotherapy services that include
				  individual and family therapy;
(2)
				  psychopharmacological therapy for the treatment of psychiatric illness with
				  psychotropic medication on an ongoing basis if indicated based on psychiatric
				  evaluation;
(3) integrate a
				  trauma-informed care approach into the care, treatment, and supervision of each
				  child. Trauma-informed care is care that is child and family-centered and takes into
				  consideration:
(A) the unique culture,
				  experiences, and beliefs of the child and family;
(B) the impact traumatic experiences have on the
				  life of the child;
(C) the symptoms of
				  childhood trauma;
(D) an understanding
				  of the child's personal trauma history;
(E) the recognition of the child's trauma
				  triggers;
(F) methods of responding that
				  improve the child's ability to trust, to feel safe, and to adapt to changes in the
				  child's environment; and
(G) the impact
				  traumatic experiences have on the child's family;
(4) include habilitation activities, such as
				  vocational services, as appropriate; and
(5) provide services in accordance with the HHSC
				  provider contract.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter E - CHILDREN'S MENTAL HEALTH-RESIDENTIAL TREATMENT CENTER PROJECT › Section 307.223 - Discharge Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The child may be discharged from the RTC
				  Project:
(1) when the service planning team
				  determines that the child completed treatment and no longer requires a residential
				  level of care;
(2) when the child's LAR
				  requests discharge from the operation; or
(3) in accordance with Chapter 748, Subchapter I
				  of this title (relating to Admission, Service Planning, and
				  Discharge).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter F - BEHAVIORAL HEALTH PARTNERSHIP PROGRAM › Section 307.251 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to implement the
					 Behavioral Health Partnership Program. This program delivers mental health and
					 substance use resources to school districts served by a regional education
					 service center and in which the local mental health authority (LMHA) or local
					 behavioral health authority (LBHA) also delivers services. The program allows
					 LMHAs and LBHAs to request a waiver to employ a professional who fulfills the
					 duties outlined in Texas Education Code §
										8.152.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter F - BEHAVIORAL HEALTH PARTNERSHIP PROGRAM › Section 307.253 - Application

Current through Reg. 49, No. 28; July 12, 2024
The subchapter applies to local mental health authorities
					 and local behavioral health authorities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter F - BEHAVIORAL HEALTH PARTNERSHIP PROGRAM › Section 307.255 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings unless the context clearly indicates
					 otherwise.
(1) BHPP
				  liaison--Behavioral Health Partnership Program liaison. For purposes of this
				  subchapter, a "non-physician mental health professional" as referenced under
				  Texas Education Code §
										8.152 is included in
				  the term "behavioral health partnership program liaison."
(2) Business day--Any day except a Saturday,
				  Sunday, or legal holiday listed in Texas Government Code §
										662.021.
(3) Child--An individual under 18 years of
				  age as defined under Texas Human Resources Code §
										42.002 and not
				  emancipated as described in Texas Family Code Chapter 31.
(4) ESC--Regional education service center.
				  An entity designated as the educational service center by the Texas Education
				  Agency in accordance with Texas Education Code, Subtitle B, Chapter 8,
				  Subchapter A.
(5) HHSC--Texas
				  Health and Human Services Commission or its designee.
(6) 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.
(7) 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).
(8) LMSW--Licensed master social worker. A
				  person who holds a master social worker license in accordance with Texas
				  Occupations Code Chapter 505.
(9)
				  LPC associate--Licensed professional counselor associate. A person who holds a
				  professional counselor associate license in accordance with 22 TAC §
										681.2(relating to
				  Definitions).
(10)
				  NPMHP--Non-Physician Mental Health Professional.
(11) TAC--Texas Administrative
				  Code.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter F - BEHAVIORAL HEALTH PARTNERSHIP PROGRAM › Section 307.257 - Behavioral Health Partnership Program Liaison Qualifications

Current through Reg. 49, No. 28; July 12, 2024
A BHPP liaison must meet the qualifications as an NPMHP
					 under Texas Health and Safety Code §
										571.003 or
					 serve under a waiver approved by HHSC in accordance with §307.267 of this
					 subchapter (relating to Texas Health and Human Services Commission
					 Notification).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter F - BEHAVIORAL HEALTH PARTNERSHIP PROGRAM › Section 307.259 - Local Mental Health Authority or Local Behavioral Health Authority Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  LMHA or LBHA must:
(1) enter into a
				  memorandum of understanding with the ESC to collaborate regarding the
				  administration of this subchapter;
(2) employ a BHPP liaison to serve as a
				  mental health and substance use resource for school districts located in the
				  region served by an ESC and in which the LMHA or LBHA delivers
				  services;
(3) pay the ESC a
				  reasonable and negotiated cost-recovery fee, not to exceed $15,000 per year
				  unless the LMHA or LBHA and the ESC agree to a higher amount, for providing the
				  space and administrative support necessary for the BHPP liaison to carry out
				  the professional duties outlined in Texas Education Code §
											8.155;
(4) supervise the BHPP liaison;
(5) consult with any other LMHA or LBHA in
				  the region and the regional ESC for input on supervising the BHPP liaison and
				  coordinating services provided by the BHPP liaison;
(6) submit a written quarterly activity and
				  evaluation report to the HHSC contract manager regarding the outcomes for
				  school districts and students resulting from services delivered by a BHPP
				  liaison in accordance with §307.263 of this subchapter (relating to
				  Responsibilities of a Behavioral Health Partnership Program Liaison);
(7) submit a written annual activity and
				  evaluation report to the HHSC contract manager regarding the outcomes for
				  school districts and students resulting from services delivered by a BHPP
				  liaison in accordance with Texas Education Code§8.155;
(8) submit a written waiver request to
				  BHPP@hhs.texas.gov if required under Texas Education Code §
											8.152(c);
(9) ensure an LMSW or an LPC associate is
				  eligible for an HHSC waiver request as outlined in this subchapter and the LMSW
				  or LPC associate has the ability to fulfill the duties outlined in this
				  subchapter if a waiver is requested;
(10) retain documentation in accordance with
				  the LMHA's and LBHA's policies and procedures on efforts made to hire an NPMHP
				  before submitting a waiver request; and
(11) submit a new waiver request, as needed,
				  if the HHSC BHPP liaison vacates the position.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter F - BEHAVIORAL HEALTH PARTNERSHIP PROGRAM › Section 307.261 - Determining which Local Mental Health Authority or Local Behavioral Health Authority Employs a Behavioral Health Partnership Program Liaison

Current through Reg. 49, No. 28; July 12, 2024
If two or more LMHAs or LBHAs provide services in a region
					 served by a regional ESC, the LMHA or LBHA that primarily operates in the
					 county in which the center is located shall:
(1) in making a hiring decision about a BHPP
				  liaison, consult with the other LMHAs or LBHAs providing services in that
				  region;
(2) consult with the ESC
				  before making the final hiring decision; and
(3) employ the BHPP liaison.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter F - BEHAVIORAL HEALTH PARTNERSHIP PROGRAM › Section 307.263 - Responsibilities of a Behavioral Health Partnership Program Liaison

Current through Reg. 49, No. 28; July 12, 2024
(a) A BHPP liaison
				  must:
(1) serve as a mental health and
				  substance use resource for school districts located in the region served by a
				  regional ESC in which the LMHA or LBHA provides services; and
(2) operate within the scope of their
				  professional state license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter F - BEHAVIORAL HEALTH PARTNERSHIP PROGRAM › Section 307.265 - Texas Health and Human Services Commission Waiver Process

Current through Reg. 49, No. 28; July 12, 2024
(a) If an LMHA or LBHA is unable to employ a
				  person who qualifies as an NPMHP for the BHPP liaison position in its
				  designated ESC, the LMHA or LBHA may request a waiver from the HHSC Executive
				  Commissioner, or designee, to employ an LMSW or LPC associate to serve as the
				  BHPP liaison, pursuant to Texas Education Code §
										8.152(c).
(b) To apply for a waiver, the LMHA or LBHA
				  must complete and submit the written HHSC Local Mental and Behavioral Health
				  Authority Waiver Request Form to BHPP@hhs.texas.gov addressing the following
				  information:
(1) the name of the LMHA or LBHA
				  requesting the waiver;
(2) the LMHA
				  or LBHA's staff member's name and contact information;
(3) the LMHA or LBHA's recruitment efforts to
				  hire an NPMHP;
(4) the duration of
				  time the LMHA or LBHA was unable to hire for this position before requesting a
				  waiver; and
(5) that the BHPP
				  liaison waiver candidate is licensed as an LMSW or LPC associate.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter F - BEHAVIORAL HEALTH PARTNERSHIP PROGRAM › Section 307.267 - Texas Health and Human Services Commission Notification

Current through Reg. 49, No. 28; July 12, 2024
The HHSC Executive Commissioner or designee will deliver
					 written notification to the LMHA or LBHA within ten business days after receipt
					 of the submission regarding:
(1)
				  whether the waiver request is approved; or
(2) the opportunity to remedy and resubmit
				  the waiver request if the waiver request is denied.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter G - BEHAVIORAL HEALTH GRANT AND FUNDING PROGRAMS › Division 1 - MENTAL HEALTH GRANT PROGRAM FOR JUSTICE INVOLVED INDIVIDUALS › Section 307.301 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this division is to
						implement Texas Government Code §
											531.0993 by
						establishing a program to provide grants to county-based community collaboratives
						for the purpose of reducing:
(1)
					 recidivism by, the frequency of arrests of, and incarceration of persons with
					 mental illness; and
(2) the total
					 waiting time for forensic commitment of persons with mental illness to a state
					 hospital.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter G - BEHAVIORAL HEALTH GRANT AND FUNDING PROGRAMS › Division 1 - MENTAL HEALTH GRANT PROGRAM FOR JUSTICE INVOLVED INDIVIDUALS › Section 307.303 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms,
						when used in this division, have the following meanings, unless the context
						clearly indicates otherwise.
(1)
					 ACT--Assertive community treatment. A 24-hour team-based service that provides
					 treatment, rehabilitation, and support services in the community to individuals
					 who have a history of multiple psychiatric hospitalizations (two or more in 180
					 days or four or more in two years) or at least one hospitalization of greater
					 than 30 days duration in the last two years. The provision of ACT requires the
					 following.
(A) Individuals identified as needing
					 ACT services must be prioritized for supportive housing, supported employment,
					 and co-occurring psychiatric and substance use disorder services as
					 needed.
(B) The use of an integrated
					 services approach merging clinical and rehabilitation staff expertise, such as
					 psychiatric, substance use, vocational or employment, and supportive housing,
					 within one mobile service delivery system.
(C) ACT Teams provide permanent supportive
					 housing services, supported employment services, substance use services,
					 psychotherapy services, and mental health rehabilitation services to individuals
					 they serve with minimal external referrals for these services. Referrals are
					 appropriate for specialized therapeutic modalities for complex trauma.
(D) Services are delivered on an individual
					 basis with the exception of group activities to reduce social isolation or
					 address substance use issues.
(E) The
					 ACT Team has a maximum case ratio of 10 service recipients per staff
					 person.
(F) The ACT Team implements
					 ACT services according to the Substance Abuse and Mental Health Services
					 Administration's evidence-based practices and the guidelines defined by Health
					 and Human Services Commission.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter G - BEHAVIORAL HEALTH GRANT AND FUNDING PROGRAMS › Division 1 - MENTAL HEALTH GRANT PROGRAM FOR JUSTICE INVOLVED INDIVIDUALS › Section 307.305 - General Conditions of a Grant

Current through Reg. 49, No. 28; July 12, 2024
(a) A grant awarded under this division, and
					 any addition to such a grant is, subject to the requirements of the contract
					 executed by HHSC with the grantee as required under §307.313 of this
					 division (relating to Contract Execution).
(b) HHSC will provide a community collaborative
					 that includes a county with a population of less than 250,000 with:
(1) annual training opportunities related to
					 this grant program posted on the HHSC website; and
(2) technical assistance and provision of data
					 to the community collaborative upon request as described in §307.311(e) of
					 this division (Grant Proposals and Selection Process) up to six months before the
					 release of a funding opportunity under Texas Government Code §
												531.0993.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter G - BEHAVIORAL HEALTH GRANT AND FUNDING PROGRAMS › Division 1 - MENTAL HEALTH GRANT PROGRAM FOR JUSTICE INVOLVED INDIVIDUALS › Section 307.307 - Eligible Applicants

Current through Reg. 49, No. 28; July 12, 2024
A community collaborative must provide matching
						funds, as outlined by HHSC in the request for proposals, in alignment with Texas
						Government Code §
											531.0993(c-1),
						which can include gifts, grants, donations, or in-kind contributions from any
						person but must not include money from state funds.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter G - BEHAVIORAL HEALTH GRANT AND FUNDING PROGRAMS › Division 1 - MENTAL HEALTH GRANT PROGRAM FOR JUSTICE INVOLVED INDIVIDUALS › Section 307.309 - Eligible Projects

Current through Reg. 49, No. 28; July 12, 2024
Grant proposals must meet the requirements and
						specifications set forth in the competitive request for proposal by HHSC.
						Projects eligible for grant funding include:
(1) continuation of a mental health jail
					 diversion program;
(2) establishment
					 or expansion of a mental health jail diversion program;
(3) establishment of alternatives to competency
					 restoration in a state hospital, including outpatient competency restoration,
					 inpatient competency restoration in a setting other than a state hospital, or
					 jail-based competency restoration;
(4) provision of ACT in addition to the ACT
					 required by the local mental health authority or local behavioral health
					 authority performance contract or FACT with an outreach component;
(5) provision of intensive mental health
					 services and substance use treatment not readily available in the
					 county;
(6) provision of continuity
					 of care services for an individual being released from a state
					 hospital;
(7) establishment of
					 interdisciplinary rapid response teams to reduce law enforcement's involvement
					 with mental health emergencies; and
(8) provision of local community hospital,
					 crisis, respite, or residential beds.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter G - BEHAVIORAL HEALTH GRANT AND FUNDING PROGRAMS › Division 1 - MENTAL HEALTH GRANT PROGRAM FOR JUSTICE INVOLVED INDIVIDUALS › Section 307.311 - Grant Proposals and Selection Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Grant funds are
					 made available to a local mental health authority or local behavioral health
					 authority representing a community collaborative through a competitive request
					 for proposal process.
(b) An
					 applicant must include in the proposal how the applicant will meet:
(1) the objectives of reducing:
(A) recidivism by, the frequency of arrests of,
					 and incarceration of persons with mental illness; and
(B) the total wait time for forensic commitment
					 of persons with mental illness to a state hospital;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 307 - BEHAVIORAL HEALTH PROGRAMS › Subchapter G - BEHAVIORAL HEALTH GRANT AND FUNDING PROGRAMS › Division 1 - MENTAL HEALTH GRANT PROGRAM FOR JUSTICE INVOLVED INDIVIDUALS › Section 307.313 - Contract Execution

Current through Reg. 49, No. 28; July 12, 2024
Grantees are required to execute a contract with
						HHSC on mutually agreeable terms and conditions in the manner and format
						prescribed by HHSC. Grant funds may not be distributed to a grantee before the
						execution of a contract with HHSC. In addition to other requirements, the
						contract will require that the grantee comply with:
(1) the performance objectives established by
					 HHSC and monitored through progress reports;
(2) any financial and reporting requirements
					 established by HHSC;
(3) all
					 applicable policies and procedures; and
(4) all applicable federal and state laws and
					 their implementing regulations.