(a) Letter of intent. If a local agency decides to establish a new community center, then the local agency submits a letter of intent to DADS and DSHS outlining the proposed new center's region, governing structure, and other information pertinent to the formation of the proposed new center.
(1) If the local agency submitting the letter of intent is not a county or counties, the letter must be accompanied by a letter of endorsement from the appropriate county judge or judges.
(2) DADS and DSHS review the letter of intent using the following criteria:
(3) DADS and DSHS determine whether the letter of intent meets the criteria described in paragraph (2) of this subsection.
(b) Appointment of board of trustees. If the local agency receives notice from DADS and DSHS that the letter of intent meets the criteria described in subsection (a)(2) of this section, the local agency prescribes the criteria and procedures for the appointment of members of a board of trustees as described in the Texas Health and Safety Code, §534.002 or §534.003, and §534.004, §534.005, and §534.0065. The local agency prescribes and makes available for public review the elements listed in the Texas Health and Safety Code, §534.004(a). If more than one local agency is involved, the local agencies must enter into a contract of interlocal agreement that states the number of board members and the group from which the members are chosen, as provided in the Texas Health and Safety Code, §534.003(c).
(c) Initial plan.
(1) Submission. The board of trustees develops and submits to DADS and DSHS an initial plan to provide effective mental health and mental retardation services to the residents of the proposed region. The board of trustees must appoint a mental health planning advisory council and a mental retardation planning advisory council or a combined mental health and mental retardation planning advisory council to assist in developing the initial plan. A mental health planning advisory council must have at least 50% representation of persons or family members of persons who have received or are receiving mental health services. A mental retardation planning advisory council must have at least 50% representation of persons or family members of persons who have received or are receiving mental retardation services. A combined mental health and mental retardation planning advisory council must have at least 50% representation of persons or family members of persons who have received or are receiving mental health or mental retardation services with an equal number of representatives for mental health services and mental retardation services. The board of trustees must also seek input through a public process (e.g., public hearings, focus groups, town meetings) from the residents in the proposed region regarding local needs and priorities. The initial plan must include the following elements:
(2) Review and approval.
Source Note: The provisions of this §1.305 adopted to be effective May 25, 2000, 25 TexReg 4540; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective September 11, 2011, 36 TexReg 5699