(a) DFPS seeks to place children with intellectual disabilities and related conditions with a family whenever possible, with support services provided as needed to assist the child in functioning as independently as possible within the community. When DFPS is not able to find a suitable placement with a family that can meet the child's needs, DFPS may place the child with one of the following:
  (1) a group home or general residential operation regulated by DFPS that provides treatment services and any other specialized services that are necessary to meet the child's needs;
  (2) a Home and Community Based Services (HCS) foster or companion home;
  (3) an HCS group home; or
  (4) an intermediate care facility for persons with intellectual disabilities or related conditions (ICF-ID), which may include an ICF-ID operated by a local mental retardation authority, a private ICF-ID, or a state supported living center.
(b) Unless ordered by a court, a child under the age of 18 years may not be placed in an HCS four-bed group home or an ICF-ID unless the placement has been approved by the Assistant Commissioner for Child Protective Services or that person's designee.
(c) Regardless of where a child with intellectual disabilities or related conditions is placed, DFPS must immediately seek to place the child on all Medicaid Waiver lists for which the child is eligible.
(d) When a child is placed in a group home, general residential operation or ICF-ID, DFPS must review the child's placement at least every six months and continue to seek a placement for the child in a less restrictive, more family-like setting.

Source Note: The provisions of this §700.1313 adopted to be effective August 1, 2012, 37 TexReg 5632