reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES › Section 2.52 - Application

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to all contracts for goods and
					 services awarded by a local authority.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES › Section 2.53 - 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) Application--Documents
				  prepared by a respondent in response to a request for applications.
(2) Best value--The optimum combination of
				  economy and quality that is the result of fair, efficient, and practical
				  procurement decision-making and which achieves the following objectives:
(A) promote fairness and competition for
				  local authority contracts;
(B)
				  support the delivery of services and benefits that best meets the needs of
				  clients of programs administered by the local authority;
(C) promote timely, high quality, and
				  responsive performance by contractors; and
(D) encourage and reward the continuing
				  participation of quality contractors.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES › Section 2.54 - Accountability

Current through Reg. 49, No. 28; July 12, 2024
(a) All purchases of goods and services must
				  be made pursuant to a contract.
(b)
				  Conflicts of interests and standards of conduct for local authority employees
				  and officers.
(1) Conflicts of interest.
				  Local authority employees and officers may not have a conflict of interest in
				  contracts management. An employee or officer has a conflict of interest when
				  the employee, officer, a partner of the employee or officer, or a person
				  related within the second degree of consanguinity or affinity to the employee
				  or officer, has or intends to have:
(A)
				  employment with a respondent or contractor;
(B) paid consultation with a respondent or
				  contractor;
(C) membership on a
				  respondent's or contractor's board of directors;
(D) ownership of 10% or more of the voting
				  stock of shares of a respondent or contractor;
(E) ownership of 10% or more or $5,000 or
				  more of the fair market value of a respondent or contractor; or
(F) income from a respondent or contractor in
				  excess of 10% of the employee's, officer's, or related person's gross income
				  for the previous year.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES › Section 2.55 - Procurement

Current through Reg. 49, No. 28; July 12, 2024
(a) Procurement method. The local authority
				  must develop and enforce procurement procedures that comply with this
				  subchapter.
(1) Goods and non-community
				  services. The local authority must acquire goods and non-community services by
				  any procurement method described in the Uniform Grant and Contracts Management
				  Standards (UGMS), Section __.36(d), that provides the best value to the local
				  authority.
(2) Community services.
				  The local authority must acquire community services by a procurement method
				  described in this subchapter that provides the best value to the local
				  authority. All community services must be procured competitively in accordance
				  with § 412.58 of this title (relating to Competitive Procurement of
				  Community Services Contracts) unless the local authority determines that the
				  community service(s):
(A) can be procured
				  non-competitively in accordance with § 412.59 of this title (relating to
				  Non-competitive Procurement of Community Services Contracts); or
(B) should be procured through open
				  enrollment in accordance with § 412.60 of this title (relating to Open
				  Enrollment).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES › Section 2.56 - Community Services Contracting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The local authority is prohibited from
				  amending a community services contract:
(1)
				  to increase the contract amount by more than 25%; or
(2) to add a new community service unless the
				  contract was procured through open enrollment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES › Section 2.58 - Competitive Procurement Methods for Community Services

Current through Reg. 49, No. 28; July 12, 2024
Competitive procurement methods for community services are
					 as follows.
(1) Informal solicitation.
(A) Determination. The local authority may
				  competitively procure community services through informal solicitation if the
				  contract amount does not exceed $25,000.
(B) Solicitation.
(i) The local authority must solicit business
				  entities that provide the type of community service(s) being procured and
				  attempt to obtain at least three responses for the service's specifications.
				  Solicitation and responses may be oral, written, or electronic.
(ii) Documentation for informal solicitation
				  must include:
(I) the names and telephone
				  numbers of the business entities contacted and the date of contact;
(II) the specifications for the community
				  service(s); and
(III) all
				  responses.
(C) Award. The award of a contract procured
				  through informal solicitation is made in accordance with §412.55(c) of
				  this title (relating to Contract Procurement).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES › Section 2.59 - Non-competitive Procurement of Community Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Determination. The local authority may
				  procure community services non-competitively only if:
(1) the procurement is pursuant to the Texas
				  Health and Safety Code, §
											533.017;
(2) the services are proprietary to a single
				  source or only one source can or will provide the service;
(3) the services will be provided by a
				  governmental entity;
(4) there
				  exists an emergency situation in which a delay may result in harm to a consumer
				  who is to receive the community service;
(5) the services are for less than $5000 and
				  the total amount was not divided to qualify for a non-competitive procurement;
				  or
(6) a competitive procurement
				  was attempted and either no qualified response or only one qualified response
				  was received.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES › Section 2.60 - Open Enrollment

Current through Reg. 49, No. 28; July 12, 2024
(a) Determination.
				  The local authority may issue a Request for Applications (RFA) to procure
				  community services through open enrollment in accordance with this
				  section.
(b) Solicitation.
(1) The local authority must publish in a
				  local newspaper or professional association newsletter an RFA Notice to
				  providers of all community services the local authority intends to procure
				  through open enrollment. In addition, the local authority must continuously and
				  prominently display such RFA Notice at the local authority's administrative
				  office(s). At least once every two years the local authority must publish in a
				  local newspaper or professional association newsletter an RFA Notice to
				  providers of all community services currently procured through open enrollment.
				  The RFA Notice must include:
(A) a brief
				  description of the types of community services the local authority intends to
				  procure through open enrollment;
(B) the geographic area to be
				  served;
(C) the procedure for
				  obtaining an application; and
(D)
				  the date and time by which applications must be submitted, if any.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES › Section 2.61 - Consumer Access to Participating Community Services Contractors in Provider Network

Current through Reg. 49, No. 28; July 12, 2024
(a) The local
				  authority must maintain, and make available to consumers, current information
				  about each community services contractor participating in its provider network.
				  The information must represent all participating contractors fairly and must be
				  organized and relevant to consumers.
(b) The local authority must allow consumers
				  to choose freely, without influence by any local authority staff or
				  representative, any contractor participating in the provider network that
				  provides the type of community service which the local authority has authorized
				  for the consumer.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES › Section 2.62 - Monitoring and Enforcing Community Services Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) Monitoring. The local authority must
				  maintain a contracts management system that ensures each community services
				  contractor performs in accordance with the provisions of the contract. The
				  local authority shall monitor each community services contractor's compliance
				  with the contract and evaluate the contractor's provision of services,
				  including:
(1) competency of the contractor
				  to provide care;
(2) consumers'
				  access to services;
(3) safety of
				  the environment in which services are provided;
(4) continuity of care;
(5) compliance with the performance
				  expectations (referenced in §412.57(b)(13) of this title (relating to
				  Provisions for Community Services Contracts));
(6) satisfaction of consumers and family
				  members with services provided; and
(7) utilization of resources.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES › Section 2.63 - References

Current through Reg. 49, No. 28; July 12, 2024
The following laws and rules are referenced in this
					 subchapter:
(1) Texas Health and
				  Safety Code, Chapter 250, §533.007, §533.017, §533.035,
				  §534.052. §534.055, §534.061, §534.065, and
				  §534.066;
(2) Tax Code,
				  Chapter 171;
(3) Texas Civil
				  Statutes, Article 2.45;
(4) Texas
				  Government Code, Chapter 783, and §411.115;
(5) Title VI of the Civil Rights Act of
				  1964;
(6) Section 504 of the
				  Rehabilitation Act of 1973;
(7) the
				  Americans with Disabilities Act of 1990 (ADA);
(8) the Age Discrimination in Employment Act
				  of 1967;
(9) 1 TAC, Part 1, Chapter
				  5, Subchapter A, Division 4;
(10)
				  Chapter 414, Subchapter A of this title (relating to Client-Identifying
				  Information); and
(11) Chapter 414,
				  Subchapter K of this title (relating to Criminal History Clearances).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES › Section 2.64 - Distribution

Current through Reg. 49, No. 28; July 12, 2024
This subchapter shall be distributed to:
(1) members of the Texas MHMR
				  Board;
(2) executive, management,
				  and program staff of Central Office;
(3) chairpersons, board of trustees or
				  governing body, and executive directors, all local authorities; and
(4) advocacy organizations.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Section 2.151 - Most Appropriate and Available Treatment Alternative

Current through Reg. 49, No. 28; July 12, 2024
The designated LMHA is responsible for recommending the
					 most appropriate and available treatment alternative for persons in need of
					 mental health services in accordance with this section.
(1) Inpatient services.
(A) Before an LMHA refers a person for
				  inpatient services, the LMHA shall screen and assess the person to determine if
				  the person requires inpatient services.
(B) If the screening and assessment indicates
				  the person requires inpatient services and inpatient services represents the
				  least restrictive setting available, then the LMHA shall refer the person:
(i) to a SMHF, if the LMHA determines that
				  the person meets the criteria for admission to the SMHF;
(ii) to an LMHA-network provider of inpatient
				  services; or
(iii) to an alternate
				  provider of inpatient services, if appropriate.
(C) If the person is identified in CARE as
				  having mental retardation, then the LMHA shall inform the designated MRA that
				  the person has been referred for inpatient services.
(D) If the LMHA refers the person for
				  inpatient services, then the LMHA is responsible for communicating necessary
				  information to the SMHF or other provider of inpatient services prior to or at
				  the time of admission, to include:
(i)
				  identifying data, including address;
(ii) legal status (e.g., regarding
				  guardianship, charges pending, custody, if person is a minor);
(iii) pertinent medical and medication
				  information, including known disabilities;
(iv) behavioral data including information
				  regarding COPSD;
(v) other
				  pertinent treatment information; and
(vi) finances, third-party coverage, and
				  other benefits, if known.
(E) If the LMHA that refers the person for
				  inpatient services is not the person's designated LMHA, then the LMHA shall
				  notify the designated LMHA of the referral by the end of the next business
				  day.
(F) The designated LMHA shall
				  assign an LMHA liaison staff to a person admitted to a SMHF. If the person has
				  mental retardation, then the designated MRA shall assign an MRA liaison staff
				  to the person as well. If the LMHA refers a person to a mental health facility,
				  as described in subparagraph (B)(ii) or (iii) of this paragraph, and the person
				  is admitted, the designated LMHA shall assign an LMHA liaison staff. The LMHA
				  liaison staff, and MRA liaison staff if any, are responsible for the person's
				  continuity of services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter D - MENTAL HEALTH SERVICES-ADMISSION, CONTINUITY, AND DISCHARGE › Section 2.152 - Special Considerations

Current through Reg. 49, No. 28; July 12, 2024
(a) Persons
				  admitted to a SMHF three times in 180 days. Persons who are admitted to a SMHF
				  three times in 180 days are considered to be at risk for future admission to
				  inpatient services. Pursuant to the Texas Government Code, §
										531.0244(b)(4),
				  to prevent the unnecessary placement in an institution, the SMHF and designated
				  LMHA shall:
(1) during discharge planning,
				  review the patient's previous continuing care plans to determine the
				  effectiveness of the clinical and non-clinical services and supports
				  identified, and recommend in the patient's current continuing care plan those
				  services and supports that have been effective and as well as those designed to
				  prevent unnecessary admission to the SMHF;
(2) determine the availability and
				  appropriateness of clinical and non-clinical services and supports in the
				  intensity needed by the patient (i.e., type, amount, scope, and duration) which
				  will prevent unnecessary admission to the SMHF; and
(3) consider appropriateness of the patient's
				  continued stay in the SMHF.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 1 - GENERAL PROVISIONS › Section 2.251 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to:
(1) establish criteria and procedures for:
(A) the admission, placement, or commitment
					 of an individual to a state mental retardation facility in accordance with:
(i) the Persons with Mental Retardation Act
					 (PMRA);
(ii) the Texas Family Code,
					 Chapter 55; and
(iii) the Texas
					 Code of Criminal Procedure, § 46.02 and § 46.03;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 1 - GENERAL PROVISIONS › Section 2.252 - Application

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to:
(1) state mental retardation facilities
					 (state MR facilities);
(2) mental
					 retardation authorities (MRAs);
(3)
					 providers; and
(4) the department's
					 Central Office.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 1 - GENERAL PROVISIONS › Section 2.253 - 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) Actively
					 involved--Significant and ongoing involvement with the individual who does not
					 have the ability to provide legally adequate consent and who does not have an
					 LAR which the individual's planning team deems to be supportive based on the
					 following:
(A) observed interactions of the
					 person with the individual;
(B)
					 advocacy for the individual;
(C)
					 knowledge of and sensitivity to the individual's preferences, values and
					 beliefs; and
(D) availability to
					 the individual for assistance or support when needed.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 1 - GENERAL PROVISIONS › Section 2.254 - Department's Philosophy Concerning Continuum of Care

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will maintain a balanced
					 and effective service delivery system that affords a full range of services and
					 supports to individuals and their families.
(1) The continuum of care within the
					 department's service delivery system encompasses residential services in state
					 mental retardation (MR) facilities and community-based ICF/MR programs, waiver
					 services, and those services and supports provided or contracted by a mental
					 retardation authority (MRA).
(2)
					 Residential services in a state MR facility are intended to serve individuals
					 with severe or profound mental retardation and those individuals with mental
					 retardation who are medically fragile or who have behavioral
					 problems.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 2 - ADMISSION AND COMMITMENT › Section 2.255 - Criteria for Commitment and Regular Voluntary Admission of an Adult to a State MR Facility Under the PMRA

Current through Reg. 49, No. 28; July 12, 2024
(a) In
					 accordance with THSC, §§593.003, 593.052, and 593.041, an adult may
					 be committed to a state MR facility for residential services only if:
(1) the adult is determined to have mental
					 retardation in accordance with § 415.155 of this title (relating to
					 Determination of Mental Retardation (DMR));
(2) the adult, because of mental retardation:
(A) represents a substantial risk of physical
					 impairment or injury to self or others; or
(B) is unable to provide for and is not
					 providing for the adult's most basic personal physical needs;
(3) the adult cannot be adequately
					 and appropriately habilitated in an available, less restrictive
					 setting;
(4) the state MR facility
					 provides habilitative services, care, training, and treatment appropriate to
					 the adult's needs; and
(5) a report
					 by an IDT recommending the placement has been completed in accordance with
					 § 412.264 of this title (relating to IDT Recommendation Concerning the
					 Commitment of an Adult or a Minor or the Regular Voluntary Admission of an
					 Adult to a State MR Facility Under the PMRA) during the six months preceding
					 the date of the commitment hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 2 - ADMISSION AND COMMITMENT › Section 2.256 - Criteria for Commitment of an Adult under the Texas Code of Criminal Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
					 with Texas Code of Criminal Procedure (TCCP), Article 46.02, §5, an adult
					 must be committed to the maximum security unit of a facility designated by the
					 department for residential services for a period not to exceed 18 months if:
(1) the adult is found incompetent to stand
					 trial for any felony or misdemeanor because of mental retardation;
					 and
(2) the court did not make a
					 determination that there is no substantial probability that the adult will
					 become competent in the foreseeable future.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 2 - ADMISSION AND COMMITMENT › Section 2.257 - Criteria for Commitment of a Minor to a State MR Facility Under the PMRA

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with THSC,
					 §§593.003, 593.052, and 593.041, a minor may be committed to a state
					 MR facility for residential services only if:
(1) the minor is determined to have mental
					 retardation in accordance with § 415.155 of this title (relating to
					 Determination of Mental Retardation (DMR));
(2) the minor, because of mental retardation:
(A) represents a substantial risk of physical
					 impairment or injury to self or others; or
(B) is unable to provide for and is not
					 providing for the minor's most basic personal physical needs;
(3) the minor cannot be adequately
					 and appropriately habilitated in an available, less restrictive
					 setting;
(4) the state MR facility
					 provides habilitative services, care, training, and treatment appropriate to
					 the minor's needs; and
(5) a report
					 by an MRA's IDT recommending the placement has been completed in accordance
					 with § 412.264 of this title (relating to IDT Recommendation Concerning
					 the Commitment of an Adult or a Minor or the Regular Voluntary Admission of an
					 Adult to a State MR Facility Under the PMRA) during the six months preceding
					 the date of the commitment hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 2 - ADMISSION AND COMMITMENT › Section 2.258 - Criteria for Placement of a Minor in a State MR Facility for Assessment Under the Texas Family Code

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
					 with Texas Family Code, §
											55.33,
					 a minor in the juvenile justice system may be placed in a state MR facility for
					 not more than 90 calendar days if:
(1) the
					 minor is found to be unfit to proceed; and
(2) the juvenile court determines that the
					 minor meets the commitment criteria described in § 412.257 of this title
					 (relating to Criteria for Commitment of a Minor to a State MR Facility Under
					 the PMRA).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 2 - ADMISSION AND COMMITMENT › Section 2.259 - Criteria for Commitment of a Minor to a State MR Facility Under the Texas Family Code

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with
					 Texas Family Code, §
											55.41
					 and §
											55.60,
					 a minor in the juvenile justice system may be committed to a state MR facility
					 only if:
(1) the minor is found to be unfit
					 to proceed or to lack responsibility for the minor's actions pursuant to
					 juvenile charges;
(2) the minor is
					 determined to have mental retardation and the mental retardation is the reason
					 that the minor is unfit to proceed or that the minor lacks responsibility for
					 his actions;
(3) because of mental
					 retardation, the minor:
(A) represents a
					 substantial risk of physical impairment or injury to self or others;
					 or
(B) is unable to provide for and
					 is not providing for the minor's most basic personal physical needs;
(4) the minor cannot be adequately
					 and appropriately habilitated in an available, less restrictive setting;
					 and
(5) the state MR facility
					 provides habilitative services, care, training and treatment appropriate to the
					 minor's needs.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 2 - ADMISSION AND COMMITMENT › Section 2.260 - Criteria for Regular Voluntary Admission of a Minor to a State MR Facility under the PMRA

Current through Reg. 49, No. 28; July 12, 2024
A state MR facility will not permit the regular voluntary
						admission of a minor under the PMRA.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 2 - ADMISSION AND COMMITMENT › Section 2.261 - Criteria for Emergency Admission of an Adult or a Minor to a State MR Facility Under the PMRA

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with
					 THSC, §593.027, an individual may be admitted under an emergency admission
					 to a state MR facility for residential services without:
(1) the individual having been determined to
					 have mental retardation in accordance with § 415.155 of this title
					 (relating to Determination of Mental Retardation (DMR); or
(2) a report by an IDT recommending the
					 placement having been completed in accordance with § 412.264 of this title
					 (relating to IDT Recommendation Concerning the Commitment of an Adult or a
					 Minor or the Regular Voluntary Admission of an Adult to a State MR Facility
					 Under the PMRA) during the six months preceding the request for
					 admission.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 2 - ADMISSION AND COMMITMENT › Section 2.262 - Criteria for Admission of an Adult or a Minor to a State MR Facility for Respite Care Under the PMRA

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
					 with THSC, §593.028, an individual may be admitted to a state MR facility
					 for respite care without:
(1) the individual
					 having been determined to have mental retardation in accordance with §
					 415.155 of this title (relating to Determination of Mental Retardation (DMR);
					 or
(2) a report by an IDT
					 recommending the placement having been completed in accordance with subsection
					 § 412.264 of this title (relating to IDT Recommendation Concerning the
					 Commitment of an Adult or a Minor or the Regular Voluntary Admission of an
					 Adult to a State MR Facility Under the PMRA) during the six months preceding
					 the request for admission.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 2 - ADMISSION AND COMMITMENT › Section 2.263 - Criteria for an Order of Protective Custody

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with THSC, §593.044,
					 an individual for whom an application for commitment is filed may be taken into
					 protective custody only if the court determines from certificates filed with
					 the court that the individual is:
(1)
					 believed to be a person with mental retardation; and
(2) likely to cause injury to self or others
					 if not immediately restrained.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 2 - ADMISSION AND COMMITMENT › Section 2.264 - MRA IDT Recommendation Concerning the Commitment of an Adult or a Minor or the Regular Voluntary Admission of an Adult to a State MR Facility Under the PMRA

Current through Reg. 49, No. 28; July 12, 2024
The IDT at an MRA must do the following in making a
						report of its findings and recommendations as described in §
											2.255(a)(5)
						and (b)(1)(B) of this subchapter (relating to
						Criteria for Commitment and Regular Voluntary Admission of an Adult to a State
						MR Facility Under the PMRA), §2.256(b)(3)(E), (c)(3)(E), (e)(3)(E), and
						(f)(3)(E) of this subchapter (relating to Criteria for Commitment of an Adult
						under the Texas Code of Criminal Procedure), and §
											2.257(a)(5)
						of this subchapter (relating to Criteria for Commitment of a Minor to a State
						MR Facility Under the PMRA)
(1) in
					 accordance with THSC, §593.013:
(A)
					 interview the individual or the individual's LAR;
(B) review the individual's:
(i) social and medical history;
(ii) medical assessment, which must include
					 an audiological, neurological, and vision screening;
(iii) psychological and social assessment,
					 including the ICAP; and
(iv)
					 determination of adaptive behavior level;
(C) determine the individual's need for
					 additional assessments, including educational and vocational
					 assessments;
(D) obtain any
					 additional assessment(s) necessary to plan services;
(E) identify the individual's or LAR's
					 habilitation and service preferences and the individual's needs;
(F) recommend services to address the
					 individual's needs that consider the individual's or LAR's interests, choices,
					 and goals and, for an individual under 22 years of age, the individual's
					 permanency planning goal;
(G)
					 encourage the individual and the individual's LAR to participate in IDT
					 meetings;
(H) if desired, use a
					 previous assessment, social history, or other relevant record from a school
					 district, public or private agency, or appropriate professional if the IDT
					 determines that the assessment, social history or record is valid;
(I) prepare a written report of its findings
					 and recommendations that is signed by each IDT member and send a copy of the
					 report within 10 working days to the individual or LAR, as appropriate;
					 and
(J) if the individual is being
					 considered for commitment to the state MR facility, submit the IDT report
					 promptly to the court, as ordered, and to the individual or LAR, as
					 appropriate; and
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 2 - ADMISSION AND COMMITMENT › Section 2.265 - MRA Referral of an Applicant to a State MR Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) If an individual or LAR requests
					 residential services in a state MR facility, the designated MRA must provide an
					 oral and written explanation as described in §
											5.159(c)
					 of this title (relating to Assessment of Individual's Need for Services and
					 Supports).
(b) If the MRA's IDT
					 determines that an applicant meets the criteria described in §
											2.255
					 of this subchapter (relating to Criteria for Commitment and Regular Voluntary
					 Admission of an Adult to a State MR Facility Under the PMRA) or §
											2.257
					 of this subchapter (relating to Criteria for Commitment of a Minor to a State
					 MR Facility Under the PMRA), the MRA will:
(1) notify the applicant or LAR in
					 writing;
(2) contact the state MR
					 facility serving the area in which the applicant lives or, if the applicant is
					 requesting an interstate transfer, the area in which the individual's LAR or
					 family lives or intends to live;
(3) contact the interstate compact
					 coordinator at the Health and Human Services Commission, if the applicant is
					 requesting an interstate transfer;
(4) compile and submit all information
					 required to complete an application packet, as described in subsection (g) of
					 this section;
(5) open an
					 assignment in CARE indicating the applicant is waiting for services in a state
					 MR facility.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 2 - ADMISSION AND COMMITMENT › Section 2.266 - Process for Admission of an Adult or a Minor Who Has Been Committed to a State MR Facility Under the PMRA

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 2 - ADMISSION AND COMMITMENT › Section 2.267 - Process for the Regular Voluntary Admission of an Adult to a State MR Facility Under the PMRA

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with
					 THSC, §593.021, only the adult seeking admission may apply for a regular
					 voluntary admission to a state MR facility for residential services.
(b) If the MRA IDT recommends that the
					 applicant be admitted to a state MR facility for regular voluntary services,
					 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 each individual identified by DADS as
					 appropriate to fill the vacancy and will:
(1)
					 determine whether the individual is still seeking admission to a state MR
					 facility;
(2) update the
					 information in the individual's application packet, including ensuring that the
					 assessments reflect the individual's current level of functioning;
					 and
(3) determine if the individual
					 would accept the proposed admission to the state MR facility.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 2 - ADMISSION AND COMMITMENT › Section 2.268 - Process for Placement of a Minor under the Texas Family Code in a State MR Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) If DADS is
					 notified by a juvenile court that a placement order for a minor has been issued
					 under Texas Family Code, §
											55.33
					 or §
											55.52,
					 DADS will notify the appropriate MRA of the placement order.
(b) Prior to the minor's admission under a
					 placement order, the MRA must submit the following documents to the state MR
					 facility:
(1) the original court
					 order;
(2) an offense
					 record;
(3) a DMR, if
					 available;
(4) a current medical
					 assessment;
(5) a physician's
					 medication orders;
(6) a social
					 history;
(7) a psychological
					 history;
(8) an immunization
					 record;
(9) a copy of social
					 security card;
(10) a certified
					 copy of birth certificate;
(11) the
					 Admission, Review and Dismissal (ARD) Committee report, Individual Education
					 Plan (IEP), and Comprehensive Assessment;
(12) a copy of the Medicaid card, if
					 applicable;
(13) any legal document
					 dealing with custody of the minor;
(14) current letters of guardianship, order
					 appointing a guardian, and related orders, if the minor has a
					 guardian;
(15) any documents
					 concerning the minor's immigration status;
(16) a completed ICAP (Inventory for Client
					 and Agency Planning) booklet and MR/RC assessment form, if available;
					 and
(17) other available
					 evaluations.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 2 - ADMISSION AND COMMITMENT › Section 2.269 - Process for the Emergency Admission of an Adult or a Minor to a State MR Facility Under the PMRA

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with
					 THSC, §593.021, only the following persons may apply for admission to a
					 state MR facility for emergency services:
(1)
					 the individual seeking admission; or
(2) the LAR of an individual.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 2 - ADMISSION AND COMMITMENT › Section 2.270 - Process for Admission of an Adult or a Minor to a State MR Facility for Respite Care Under the PMRA

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
					 with THSC, §593.021, only the following persons may apply for admission to
					 a state MR facility for respite care:
(1) the
					 individual seeking admission; or
(2) the LAR of an individual.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 3 - TRANSFERS › Section 2.271 - Transfer of an Individual Between State MR Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The transfer of an individual from one
					 state MR facility to another may be proposed by:
(1) the individual who is able to provide
					 legally adequate consent;
(2) the
					 individual's LAR; or
(3) the state
					 MR facility in which the individual resides.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 3 - TRANSFERS › Section 2.272 - Transfer of an Individual from a State MR Facility to a State MH Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual committed to a state MR
					 facility for residential services may be Transferred to a state MH facility for
					 mental health care if a licensed physician of the state MR facility determines
					 after an examination that care, treatment, control and rehabilitation in a
					 state MH facility is in the best interest of the individual.
(b) The individual will be returned to the
					 state MR facility within 30 calendar days unless a court order transferring the
					 individual is obtained by the state MH facility as described in subsection (c)
					 of this section.
(c) If the state
					 MH facility determines that hospitalization of the individual is necessary for
					 longer than 30 calendar days, the state MH facility will request from the
					 committing court an order transferring the individual to the state MH facility.
					 In support of the request, the state MH facility will submit two certificates
					 of medical examination for mental illness to the court, as described in THSC,
					 §574.011, stating that the individual:
(1) is a person with mental illness;
					 and
(2) requires observation or
					 treatment in the state MH facility.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 3 - TRANSFERS › Section 2.273 - Transfer of an Individual from a State MH Facility to a State MR Facility

Current through Reg. 49, No. 28; July 12, 2024
An individual receiving inpatient services in a state MH
						facility, other than an individual Transferred under § 412.272 of this
						title (relating to Transfer of an Individual from a State MR Facility to a
						State MH Facility), who has been determined by the MRA to require residential
						services in a state MR facility, may be admitted to the state MR facility only
						in accordance with the criteria and process set forth in Division 2 of this
						subchapter (relating to Admission and Commitment).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 4 - MOVING FROM A STATE FACILITY TO AN ALTERNATIVE LIVING ARRANGEMENT › Section 2.274 - Consideration of Living Options for Individuals Residing in State MR Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Individuals 22 years of age or older.
(1) A contract MRA must conduct the CLOIP for
					 an individual 22 years of age or older residing in a state MR facility:
(A) before the individual's annual planning
					 meeting as referenced in subsection (c)(2) of this section; and
(B) upon request of the individual or LAR to
					 learn about living options other than the state MR facility.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter F - CONTINUITY OF SERVICES-STATE FACILITIES › Division 4 - MOVING FROM A STATE FACILITY TO AN ALTERNATIVE LIVING ARRANGEMENT › Section 2.275 - 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)

Current through Reg. 49, No. 28; July 12, 2024
(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.