(a) Designated state MR facility staff will prepare the community living/discharge plan as described in §412.277 of this title (relating to Arrangements for the Move to an Alternative Living Arrangement of an Individual Residing in a State MR Facility) and this section. The plan incorporates information provided by the individual, LAR, MRA, other state MR facility staff, and the provider. The plan:
(1) is customized based on the abilities and needs of the individual to specify the:
(2) identifies the individual's or LAR's desired outcomes for an alternative living arrangement that serve as the basis for the person directed plan and service coordination plan to be developed by the designated MRA or the MRA for the local service area where the individual will live; and
(3) is approved by the individual, LAR, MRA, state MR facility, and provider before the individual moves from the state MR facility.
(b) The plan can be in any format acceptable to all parties (individual, LAR, MRA, state MR facility, and provider), but must contain the elements described in this section. A sample format provided by the department may be used as is or modified as deemed appropriate. Copies are available by contacting the Office of State Mental Retardation Facilities, Texas Department of Mental Health and Mental Retardation, P.O. Box 12268, Austin, Texas 78711-2668, 512/206-4516.
(c) The community living/discharge plan will be completed as follows:
(1) The community living profile (section I of the sample format), completed by the IDT when a recommendation for an alternative living arrangement has been made and accepted, describes:
(2) The community living data (section II of the sample format), completed by the state MR facility upon selection of a provider, with information from the provider and MRA, describes:
(3) The findings and observations (section III of the sample format) are described by the state MR facility and include:
(4) The community living information (section IV of the sample format) is compiled based on information supplied by the individual, LAR, state MR facility and MRA staff, and the provider and includes:
(5) The community living monitoring activities (section V of the sample format) include:
(6) The agreements portion (section VI of the sample format) is reviewed and signed by the individual, if appropriate, LAR, and an authorized representative of the state MR facility, MRA(s), and provider, and contains the typed names and titles of the signatories, and the date the plan is approved and signed. This portion includes, at a minimum, the following terms:
(7) The discharge plans/activities (section VI of the sample format) are summarized by the state MR facility upon completion of the terms and conditions specified in the community living monitoring activities portion of the plan and will include:
(d) If the provider does not actively participate in the development of the community living/discharge plan before the individual is moved from the state MR facility to the alternative living arrangement, the IDT will inform the individual or LAR of the circumstances.
(1) The individual with the ability to provide legally adequate consent or the LAR has the option of:
(2) If the individual does not have the ability to provide legally adequate consent and does not have an LAR, then the individual will remain in the state MR facility until:
(e) In the event that issues cannot be resolved during the development or implementation of the community living/discharge plan, the issue may be forwarded to the commissioner or designee for review and recommended action.
(f) If, following the individual's move to the community, the provider doesn't comply with the provisions of the community living/discharge plan and the MRA(s) has exhausted all options to resolve the conflict, the IDT at the state MR facility will be reconvened.
(1) If the IDT determines that the individual with the ability to provide legally adequate consent or the LAR wants to continue with the alternative living arrangement the IDT will recommend to the head of the state MR facility that the individual be discharged from the state MR facility within 30 calendar days of the IDT meeting and that monitoring activities required by the community living/discharge plan be discontinued.
(2) If the IDT determines that the individual with the ability to provide legally adequate consent or the LAR is not satisfied with the alternative living arrangement and the issues are not resolved, the individual or LAR may request that the IDT reconvene to address the issues causing the dissatisfaction and to assist the individual or LAR to find another alternative living arrangement.
(3) If the individual does not have the ability to provide legally adequate consent and does not have an LAR, the IDT will research the situation and will refer the issue to the commissioner or designee for review and recommended action. If it is determined that the individual should be removed from the provider's services, the IDT and MRA(s) will work cooperatively to find alternative services.
(g) If during the term of this plan representatives of the department and staff of the MRA have evidence to believe that an individual is in an unsafe environment or that the individual's needs are not being met, they will immediately notify:
(1) the appropriate licensing or regulatory agency;
(2) the LAR; and
(3) the state MR facility from which the individual moved.
(h) If the necessity for an out-of-state transfer is indicated, the state MR facility will contact the department's Interstate Compact coordinator in Central Office.
Source Note: The provisions of this §904.107 adopted to be effective January 1, 2001, 25 TexReg 12746; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective September 1, 2023, as published in the August 11, 2023, issue of the Texas Register, 48 TexReg 4397