25 TAC §§411.51-411.63, §411.75
The Texas Department of Mental Health and Mental Retardation
(department) proposes new §§411.51-411.63, and §411.75 of new
Chapter 411, Subchapter B, concerning Interagency Agreements.
The new subchapter adopts legislatively mandated memoranda of understanding
(MOU) and other agreements between the department and other state agencies
that currently are adopted in Chapter 401, Subchapter B. The texts of §411.61,
concerning capacity assessment for self care and financial management; and
§411.62, concerning continuity of care system for offenders with mental
impairments, contain the full texts of those MOUs, and reflect recent revisions
by the signatory agencies.
The MOU between the department and the Texas Department of Human Services
(TDHS) in §411.61 is revised to require the use of an assessment instrument
by selected providers of services to an elderly person, a person with mental
retardation, a person with a developmental disability, or a person who is
suspected of being a person with mental retardation or a developmental disability.
The Capacity Assessment for Self Care and Financial Management is required
when the provider believes a guardian of the person or the estate may be appropriate
and a referral to the appropriate court for guardianship is anticipated. The
current version of the MOU requires the assessment instrument to be piloted
by the department in selected settings that serve persons with mental retardation
and by TDHS in selected nursing facilities. The pilot has concluded and the
assessment instrument has been revised as a result of information submitted
by the pilot sites and the judges who participated in the pilot. The revised
MOU drops references to the pilot and requires use of the assessment instrument
at all facilities specified by the two agencies. Although none of the department's
state hospitals or providers of Medicaid waiver services for which the department
has operating authority were included in the pilot, the department has determined
that the assessment instrument is appropriate for use in those settings. The
MOU also mandates the use of the assessment instrument when a court considering
a guardianship for a person in one of the targeted populations requests an
assessment from the provider.
The MOU between the department, TDCJ, and local mental health and mental
retardation authorities in §411.62 is revised to incorporate changes
made by the 75th Legislature (1997) to Texas Health and Safety Code (THSC),
§614.013, which mandates the MOU. The statute, as amended, includes local
community supervision and corrections departments (CSCD) as participants in
the MOU. The revised MOU specifies the expectations for the local CSCDs and
implements a statutory change that facilitates the exchange of confidential
information about offenders between the signatory agencies. Revisions to the
MOU concerning the department require collaboration with local MHMR authorities
in the development of CARE system data elements to facilitate the generation
of reports about offenders involved with the MHMR service delivery system;
revision of department rules to include continuity of care expectations for
offenders with mental illness or mental retardation; continued inclusion in
the performance contract of requirements for local authorities to identify
staff responsible for the coordination of referrals and access to services
for eligible offenders; and receipt of referrals by local authorities of persons
who meet the priority population definitions, with the understanding that
those persons will be placed on a waiting list for needed services if no funding
exists. Revisions concerning TDCJ require the agency to provide information
about only those offenders with mental illness and mental retardation who
meet the department's priority population definitions, develop a procedure
to ensure that offenders have medications and/or prescriptions upon their
release from TDCJ facilities, and ensure that aftercare treatment providers
are provided with all pertinent medical and/or psychiatric records prior to
the release of eligible offenders. Revisions concerning local authorities
require collaboration with the department in the development of CARE system
data elements to facilitate the generation of reports about offenders involved
with the MHMR service delivery system, development and implementation of procedures
for sharing information with local jail systems and CSCDs, and identification
to the department's contract managers and the Texas Council on Offenders with
Mental Impairments (TCOMI) of local authority staff responsible for the coordination
of referrals and access to services for eligible offenders with updates when
staff change.
The texts of §§411.54-411.60 and 411.63 adopt by reference rules
of other state agencies that contain the full texts of the referenced MOUs.
Those MOUs are in various stages of review by the signatory agencies and will
be revised as deemed necessary by those agencies with publication of the revised
MOUs in the
Texas Register
for public review
and comment.
The new subchapter is part of a comprehensive reorganization of chapters
and subchapters within the department's portion of the Texas Administrative
Code in conjunction with the sunset review required by the current Appropriations
Act, Article IX, §167. This provision is continued in the Appropriations
Act recently passed by the 76th Legislature and will be codified as Texas
Government Code, §2001.039 (Senate Bill 178, §1.11) with an effective
date of September 1, 1999.
Existing Chapter 401, Subchapter B is proposed for repeal contemporaneously
in this issue of the
Texas Register
.
William R. Campbell, chief financial officer, has determined that for each
year of the first five-year period that the subchapter, as proposed, is in
effect, there should be no significant fiscal impact on state or local government
as a result of enforcing the provisions. Except for the revised MOUs in §411.61
and §411.62, the new sections contain no new provisions. The volume of
referrals for guardianship of individuals receiving services from the entitites
described in §411.61 is not expected to increase from the current low
numbers. The new provisions of the MOU in §411.62 will not require the
department or local authorities to hire new staff or reassign existing staff.
Gerry McKimmey, assistant commissioner, has determined that for each year
of the first five years the new subchapter as proposed is in effect, the public
benefit is the existence of a concise and relevant body of policy documents
that is in compliance with the legislative mandate to sunset the department's
rules and with statutory requirements to enter into MOUs with various state
agencies. There is no anticipated economic impact on persons or small businesses
affected by the new subchapter because it imposes no new requirements on persons
or small businesses. No local employment impact is anticipated as a result
of adopting the subchapter as proposed.
Written comments on the proposal may be sent to Linda Logan, director,
Policy Development, Texas Department of Mental Health and Mental Retardation,
P.O. Box 12668, Austin, Texas 78711-2668, within 30 days of publication.
The new subchapter is proposed under the Texas Health and Safety
Code, §532.015, which provides the Texas Mental Health and Mental Retardation
Board with broad rulemaking authority, and under the following statutes which
require the department to adopt by rule the memoranda referenced in the subchapter:
Texas Education Code, §29.011; Texas Family Code, §264.003; Texas
Government Code, §501.093; Texas Health and Safety, §§161.133
and 533.044, and 614.013; and Texas Human Resources Code, §§22.011,
22.013, 22.014, and 81.017.
This subchapter would affect the Texas Education Code, §29.011; Texas
Family Code, §264.003; Texas Government Code, §501.093; Texas Health
and Safety, §§161.133 and 533.044, and 614.013; and Texas Human
Resources Code, §§22.011, 22.013, 22.014, and 81.017.
§411.51. Purpose.
The purpose of this subchapter is to provide public notice of legislatively
mandated memoranda of understanding and other agreements between the Texas
Department of Mental Health and Mental Retardation (TDMHMR) and other state
agencies.
§411.52. Application.
This subchapter applies to:
(1)
facilities of the Texas Department of Mental Health and
Mental Retardation, including Central Office; and
(2)
in the case of §411.62 of this title (relating
to Memorandum of Understanding Concerning Continuity of Care System for Offenders
with Mental Impairments), to local mental health and mental retardation authorities.
§411.53. Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Local mental health and/or mental retardation authority
-- As defined in the Texas Health and Safety Code, §531.002, an entity
to which the Texas Mental Health and Mental Retardation Board delegates its
authority and responsibility within a specified region for planning, policy
development, coordination, and resource development and allocation and for
supervising and ensuring the provision of mental health to persons with mental
illness and mental retardation services to persons with mental retardation
in one or more local service areas.
(2)
MOU -- Memorandum of Understanding.
(3)
TAC -- Texas Administrative Code.
(4)
TDMHMR -- Texas Department of Mental Health and Mental
Retardation.
§411.54. Memorandum of Understanding: Provision, Regulation, and Funding of Services in Hospitals and Long-Term Care Facilities.
(a)
TDMHMR adopts by reference a rule of the Texas Department
of Human Services (TDHS) contained in 40 TAC §72.101 (relating to Services
in Hospitals and Long-term Care Institutions).
(b)
The TDHS rule contains the text of MOU between TDMHMR,
TDHS, and the Texas Department of Health concerning responsibilities, procedures,
and standards involved in the provision, regulation, and/or funding of services
in hospitals and long-term care facilities. The MOU is required by the Texas
Human Resources Code, §22.014.
(c)
Copies of the MOU are filed in the Office of Policy Development,
TDMHMR, 909 West 45th Street, Austin, Texas 78756, and may be reviewed during
regular business hours.
§411.55. Memorandum of Understanding: Coordination of Services to Disabled Persons.
(a)
TDMHMR adopts by reference rules of the Texas Department
of Human Services (TDHS) contained in 40 TAC §§72.201-72.212 (relating
to Memorandum of Understanding Concerning Coordination of Services to Persons
with Disabilities).
(b)
The TDHS rule contains the text of an MOU between TDMHMR,
TDHS, Texas Rehabilitation Commission, Texas Department of Health, Texas Commission
for the Blind, Texas Commission for the Deaf, and Texas Education Agency clarifies
financial and service responsibilities of each agency in relation to disabled
persons and addresses how each agency will share data relating to services
to disabled persons. The MOU is required by the Texas Human Resources Code,
§22.011.
(c)
Copies of the MOU are filed in the Office of Policy Development,
TDMHMR, 909 West 45th Street, Austin, Texas 78756, and may be reviewed during
regular business hours.
§411.56. Memorandum of Understanding (MOU) on Coordinated Services to Children and Youths.
(a)
Texas Department of Mental Health and Mental Retardation
(TDMHMR) adopts by reference a rule of the Texas Department of Protective
and Regulatory Services (TDPRS) contained in 40 TAC §736.701 (relating
to Memorandum of Understanding for Coordinated Services to Children and Youths).
(b)
The TDPRS rule contains the text of an MOU between TDMHMR,
TDPRS, Texas Commission for the Blind, Texas Department of Health, Texas Department
of Human Services, Texas Education Agency, Texas Interagency Council on Early
Childhood Intervention, Texas Juvenile Probation Commission, Texas Rehabilitation
Commission, and Texas Youth Commission. The MOU implements a system of local
level interagency staff groups to coordinate services for multiple problem
children and youth, and is required by the Texas Family Code, §264.003.
(c)
Copies of the MOU are filed in the Office of Policy Development,
TDMHMR, 909 West 45th Street, Austin, Texas 78756, and may be reviewed during
regular business hours.
§411.57. Memorandum of Understanding: Coordination of Delivery of Mental Health and Mental Retardation Services to Hearing-Impaired or Deaf Persons.
(a)
TDMHMR adopts by reference rules of the Texas Commission
for the Deaf and Hard of Hearing (TCDHH) contained in 40 TAC Chapter 181,
Subchapter H (relating to Memoranda of Understanding with State Agencies).
(b)
The TCDHH rules contain the text of an MOU between TDMHMR
and TCDHH concerning the coordination of delivery of mental health and mental
retardation services to persons who are deaf or have a hearing impairment.
The MOU is required by the Texas Human Resources Code, §81.017.
(c)
Copies of the MOU are filed in the Office of Policy Development,
TDMHMR, 909 West 45th Street, Austin, Texas 78756, and may be reviewed during
regular business hours.
§411.58. Memorandum of Understanding: Coordination of Exchange and Distribution of Public Awareness Information.
(a)
TDMHMR adopts by reference a rule of the Texas Department
of Human Services (TDHS) contained in 40 TAC §72.301 (relating to Authorization
and Requirement to Exchange and Distribute Public Awareness Information).
(b)
The TDHS rule contains the text of an MOU between TDMHMR,
TDHS, Texas Rehabilitation Commission, and Texas Department of Health concerning
the coordination of the exchange and distribution of public awareness information
among agencies. The MOU is required by the Texas Human Resources Code, §22.013.
(c)
Copies of the MOU are filed in the Office of Policy Development,
TDMHMR, 909 West 45th Street, Austin, Texas 78756, and may be reviewed during
regular business hours.
§411.59. Memorandum of Understanding (MOU) on Transition Planning for Students Receiving Special Education Services.
(a)
Texas Department of Mental Health and Mental Retardation
(TDMHMR) adopts by reference a rule of the Texas Education Agency (TEA) contained
in 19 TAC §89.1110 (relating to Memorandum of Understanding on Transition
Planning for Students Receiving Special Education Services).
(b)
The TEA rule contains the text of an MOU between TDMHMR,
TEA, Texas Workforce Commission, Texas Department of Human Services, Texas
Department of Protective and Regulatory Services, Texas Rehabilitation Commission,
and the Commission for the Blind. The MOU concerns the provision of services
necessary to prepare students enrolled in special education programs for a
successful transition to life outside the public school system, and is required
by the Texas Education Code, §29.011.
(c)
Copies of the MOU are filed in the Office of Policy Development,
TDMHMR, 909 West 45th Street, Austin, Texas 78756, and may be reviewed during
regular business hours.
§411.60. Training Requirements for Identifying Abuse, Neglect, and Unprofessional or Unethical Conduct in Health Care Facilities.
(a)
TDMHMR adopts by reference a rule of the Texas Commission
on Alcohol and Drug Abuse (TCADA) contained in 40 TAC §148.118 (relating
to Training Requirements Relating to Abuse, Neglect, and Unprofessional or
Unethical Conduct).
(b)
The TCADA rule contains the text of MOU between TDMHMR,
TCADA, and the Texas Department of Health concerning training requirements
for identifying abuse, neglect, and unprofessional or unethical conduct in
health care facilities. The MOU is required by the Texas Health and Safety
Code, §161.133.
(c)
Copies of the MOU are filed in the Office of Policy Development,
TDMHMR, 909 West 45th Street, Austin, Texas 78756, and may be reviewed during
regular business hours.
§411.61. Memorandum of Understanding Concerning Capacity Assessment for Self Care and Financial Management.
(a)
Introduction And Legal Authority. The Texas Department
of Mental Health and Mental Retardation (TDMHMR) and Texas Department of Human
Services (TDHS) enter into a memorandum of understanding (MOU) in accordance
with Texas Health and Safety Code (THSC), §533.044. The statute requires
the use of a uniform assessment tool to assess whether an elderly person,
a person with mental retardation, a person with a developmental disability,
or a person who is suspected of being a person with mental retardation or
a developmental disability and who is receiving services in a facility regulated
or operated by TDMHMR or TDHS needs a guardian of the person or estate or
both. TDMHMR and TDHS agree to require the following entities, as indicated,
to comply with the provisions of this MOU:
(1)
TDMHMR: state facilities; local mental retardation authorities
and their contractors; and providers in the ICF/MR/RC or Medicaid waiver programs;
and
(2)
TDHS: nursing facilities.
(b)
Definitions: The following words and terms, when used
in this section, have the following meanings, unless the context clearly indicates
otherwise:
(1)
Capacity Assessment for Self Care and Financial Management
-- The uniform capacity assessment instrument developed by TDMHMR and TDHS
in compliance with THSC, §533.044, for use by providers described in
subsection (a)(1) and (2) of this section to assess an individual's:
(A)
ability to make a decision and communicate that decision
to others; and
(B)
capacity to:
(i)
substantially provide the individual's food, clothing,
or shelter;
(ii)
care for the individual's physical health; or
(iii)
manage the individual's financial affairs.
(2)
Developmental disability (related condition)
-- In accordance with the Code of Federal Regulations, Title 42, §435.1009,
a severe and chronic disability that:
(A)
is attributable to:
(i)
cerebral palsy or epilepsy; or
(ii)
any other condition, other than mental illness, found
to be closely related to mental retardation because the condition results
in impairment of general intellectual functioning or adaptive behavior similar
to that of individuals with mental retardation, and requires treatment or
services similar to those required for individuals with mental retardation;
(B)
is manifested before the individual reaches age 22; and
(C)
is likely to continue indefinitely; and
(D)
results in substantial functional limitation in three
or more of the following areas of major life activity:
(i)
self-care;
(ii)
understanding and use of language;
(iii)
learning;
(iv)
mobility;
(v)
self-direction; and
(vi)
capacity for independent living.
(3)
Elderly -- In accordance with Texas Human
Resources Code, §102.001, sixty years of age or older.
(4)
ICF/MR/RC -- The Intermediate Care Facilities for
Persons with Mental Retardation or a Related Condition program which provides
Medicaid-funded residential services to individuals with mental retardation
or a related condition.
(5)
Individual -- A person who is receiving services
from a provider and who:
(A)
is elderly; or
(B)
has mental retardation or is suspected of having mental
retardation, including a person who is dually diagnosed with mental retardation
and mental illness; or
(C)
has a developmental disability or is suspected of having
a developmental disability.
(6)
Local mental retardation authority -- As defined
in the Texas Health and Safety Code, §531.002, an entity to which the
Texas Mental Health and Mental Retardation Board delegates its authority and
responsibility within a specified region for planning, policy development,
coordination, and resource development and allocation and for supervising
and ensuring the provision of mental retardation services to consumers in
one or more local service areas.
(7)
Medicaid waiver program - A home and community-based
program serving people with mental retardation and/or related conditions which
is operated by TDMHMR as authorized by the Health Care Financing Administration
(HCFA) in accordance with §1915(c) of the Social Security Act, including
the Home and Community-based Services (HCS), Home and Community-based Waiver
Services -- OBRA (HCS-O), and Mental Retardation Local Authority (MRLA) programs.
(8)
Mental retardation -- Significantly subaverage general
intellectual functioning existing concurrently with deficits in adaptive behavior
and manifested during the developmental period (birth to 18 years of age.)
(9)
Nursing facility -- An organization that provides
organized and structured nursing care and service and is licensed under THSC,
Chapter 242.
(10)
Planning team -- For providers other than nursing
facilities, a group composed of the individual receiving services, the individual's
legally authorized representative (LAR), actively-involved family members
and friends who are invited by the individual or LAR, and professional and
other support staff, that meets to assess the individual's habilitation, treatment,
and service/support needs and develop strategies for enabling the individual
to achieve desired outcomes.
(11)
Provider -- Those entities described in subsection
(a)(1) and (2) of this section.
(12)
Professional -- A person licensed or certified by
the State of Texas in a health or human services occupation or who meets TDMHMR
criteria to be a case manager, service coordinator, qualified mental retardation
professional, or associate psychologist.
(13)
State facilities -- State hospitals, state schools,
and state centers that are operated by TDMHMR.
(c)
Capacity Assessment.
(1)
A provider will perform a capacity assessment for an individual
receiving services from that provider when:
(A)
the provider believes a guardian of the person or the
estate for that individual may be appropriate and a referral to the appropriate
court for guardianship is anticipated; or
(B)
requested to do so by a court .
(2)
In conducting the capacity assessment, the provider
will use the Capacity Assessment for Self Care and Financial Management. Copies
of the Capacity Assessment for Self Care and Financial Management may be obtained
by contacting the Office of Policy Development, TDMHMR, 909 West 45th Street,
Austin, Texas 78756, 512/206-4516, or from the TDHS Long Term Care Policy
web site.
(d)
Performance Of Capacity Assessment. The capacity assessment
will be performed:
(1)
for providers other than nursing facilities, by the professional
designated by the planning team with assistance from other staff or consultants
as requested by the professional or directed by the planning team; and
(2)
at nursing facilities, by the social worker with
assistance from member(s) of the interdisciplinary care plan team as requested
by the social worker.
(e)
Annual Review. No later than the last month of each state
fiscal year, TDMHMR and TDHS shall review and modify the MOU as necessary.
§411.62. Memorandum of Understanding concerning Continuity of Care System for Offenders with Mental Impairments.
(a)
For the purpose of establishing a continuity of care system
for offenders with mental illnesses or mental retardation, the Texas Department
of Criminal Justice (TDCJ), the Texas Department of Mental Health and Mental
Retardation (TDMHMR), local mental health and mental retardation authorities
(MHMRAs), and local community supervision and corrections' departments (CSCD's)
agree to the following:
(1)
Authority and purpose. Senate Bill 252, Acts 1993, 73rd
Leg., Ch.488, 1, and House Bill 1747, Acts 1997, 75th Leg., codified as Texas
Health and Safety Code, §614.013, authorizes TDCJ, TDMHMR, local MHMRAs,
and CSCD's (entities) to establish a memorandum of understanding that identifies
methods for:
(A)
identifying persons with mental illness or mental retardation
involved in the criminal justice system;
(B)
developing interagency rules, policies and procedures
for the coordination of the care of and exchange of information on persons
with mental illness or mental retardation by local and state criminal justice
agencies, TDMHMR, local MHMRAs, and CSCDs; and
(C)
identifying services needed by persons with mental illness
or mental retardation to re-enter the community successfully.
(2)
This memorandum of understanding is intended
to implement a continuity of care system for offenders with mental illness
or mental retardation in the criminal justice system, using funds appropriated
for that purpose.
(b)
All entities agree to the extent possible to:
(1)
follow the statutory provisions in Texas Health and Safety
Code, §614.017, relating to the exchange of information (including electronic)
about offenders with mental illness or mental retardation for the purpose
of providing or coordinating services among the entities;
(2)
develop a system and a procedure that describes the
agencies' role in the pre-release and post-release planning process for persons
with mental illness or mental retardation;
(3)
develop procedures that provide for the preparation
of assessments or diagnostics prior to the imposition of community supervision,
incarceration, or parole, and the transfer of such diagnostics between local
and state entities prior to release from incarceration;
(4)
submit to the Texas Council on Offenders with Mental
Impairments (Council) a list of contact staff who are responsible for responding
to referrals and/or issues regarding persons with mental illness or mental
retardation;
(5)
participate in cross training and/or educational
events targeted for improving each agency's knowledge and understanding of
the criminal justice and mental health/mental retardation systems' roles and
responsibilities;
(6)
inform each other of any proposed rule or standards
changes which could affect the continuity of care system. Each agency shall
be afforded 30 days after receipt of proposed change(s) to respond to the
recommendations prior to the adoption;
(7)
provide on-going status reports to the Council on
the implementation of initiatives outlined in this MOU;
(8)
actively seek federal funds to operate and/or expand
the service capability;
(9)
develop a technical assistance manual that describes
the criminal justice and mental health/mental retardation service delivery
systems, and the role and responsibilities of each agency.
(c)
TDCJ, to the extent possible, shall:
(1)
design an information base for exchange purposes, that
provides the following information:
(A)
the number of offenders with a priority population diagnosis
of mental illness or mental retardation who are on community supervision,
incarcerated, or on parole;
(B)
the county of residence to which these individuals reside
or will return to upon release from incarceration;
(C)
the type and level of offense with which the offender
has been charged and convicted;
(D)
the diagnoses including psychiatric, medical, and mental
retardation;
(E)
any other information deemed necessary to be consistent
with the intent of this agreement.
(2)
develop a procedure to ensure that clients or
offenders have medications and/or prescriptions upon their release from incarceration
from TDCJ facilities;
(3)
ensure that aftercare treatment providers are provided
with all pertinent medical and/or psychiatric records prior to the client
or offenders release from TDCJ facilities.
(d)
TDMHMR, to the extent possible, shall:
(1)
Collaborate with local authorities in the development
of CARE system data elements which are within the capacity of the MHMR system
to generate reports about offenders with a mental illness or mental retardation
referred, served, and discharged from service;
(2)
Express in departmental rules continuity of care
expectations for persons with mental illness and/or mental retardation involved
in the criminal justice system;
(3)
maintain in the performance contracts requirements
for local MH/MR authorities to identify those staff members (primary and alternates)
responsible for the coordination of referrals and access to service for persons
with mental illness or mental retardation involved with or referred from the
state and/or local criminal justice systems; and
(4)
receive referrals on any person with mental illness
or mental retardation who meets the priority population definition and is
in need of MH/MR treatment services, with the understanding that if no funding
exists they would be on a waiting list until services are available.
(e)
Local MHMRAs, to the extent possible, shall:
(1)
Collaborate with TDMHMR in the development of CARE system
data elements which are within the capacity of the MHMR system to generate
reports about offenders with MI/MR referred, served, and discharged from services;
(2)
Develop and implement procedures with the local jail
and CSCD which address respective responsibilities for sharing information
and which specifically address the following circumstances:
(A)
offenders whose status is that of a convicted felon or
deferred adjudication and offender consent to release information is not necessary
per §614.017 of the Texas Health and Safety Code;
(B)
offenders from whom consent to release information is
required; and
(C)
offenders from whom consent to release information is
required but circumstances exist which meet the provisions of Chapter 611
of the Texas Health and Safety Code allowing release of information without
consent;
(3)
Identify by September 30, 1998, to the State
Authority Contract Manager and the Texas Council on Offenders with Mental
Impairments (TCOMI), those staff members (primary and alternates) responsible
for the coordination of referrals and access to services for persons with
mental illness or mental retardation involved with or referred from the state
and/or local criminal justice systems. This information must be updated with
the department and TCOMI when assigned staff change; and
(4)
receive referrals on any person with mental illness
or mental retardation who meets the priority population definition and is
in need of mental health and mental retardation treatment services, with the
understanding that if no funding exists they would be on a waiting list until
services are available.
(f)
CSCDs, to the extent possible, shall:
(1)
provide information to local MHMRAs concerning persons
who are under community supervision and are served by said entities;
(2)
track the number of referrals to local MHMRAs;
(3)
monitor the number of persons supervised by CSCDs
who are on MHMR waiting lists who become re-involved in the criminal justice
system;
(4)
initiate referrals on any person with mental illness
or mental retardation who meets the priority population definition and is
in need of MHMR treatment services, with the understanding that if no funding
exists they would be on a waiting list until services are available;
(5)
identify barriers and gaps in services which should
be identified in the community justice plan of each respective CSCD; and
(6)
coordinate with local MHMR authorities to access
available information, including the CARE System, on offenders with mental
illness or mental retardation.
(g)
Review And Monitoring.
(1)
TDMHMR, TDCJ, the local MHMRAs, and local CSCDs shall
jointly monitor implementation of the continuity of care system as outlined
in this Memorandum of Understanding. The intent of all agencies is to provide
timely communication, discussion and resolution of transitional problems should
any occur.
(2)
This MOU shall be adopted by the Texas Department
of Mental Health and Mental Retardation, the Texas Department of Criminal
Justice, the boards of trustees of community MHMR centers and local CSCDs.
Subsequent to adoption, all parties to this memorandum shall annually review
this memorandum and provide status reports to the Council. Amendments to this
memorandum of understanding may be made at any time by mutual agreement of
the parties.
(3)
The Council will serve as the dispute resolution
mechanism for conflicts concerning this MOU at both the local and statewide
level.
§411.63. Interagency Coordination of Special Education Services to Students with Disabilities in Residential Care Facilities.
(a)
Texas Department of Mental Health and Mental Retardation
(TDMHMR) adopts by reference a rule of the Texas Education Agency (TEA) in
19 TAC §89.1115 (relating to Memorandum of Understanding Concerning Interagency
Coordination of Special Education Services to Students with Disabilities in
Residential Care Facilities).
(b)
The TEA rule contains the text of an MOU between TDMHMR,
TEA, Texas Department of Human Services, Texas Department of Health, Texas
Department of Protective and Regulatory Services, Texas Interagency Council
on Early Childhood Intervention, Texas Commission on Alcohol and Drug Abuse,
Texas Juvenile Probation Commission, and Texas Youth Commission. The MOU concerns
the provision of a free and appropriate education for school-age residents
of residential care facilities, and was developed at the direction of the
Texas Senate Committee on Health and Human Services, 73rd Texas Legislature,
1993.
(c)
Copies of the MOU are filed in the Office of Policy Development,
TDMHMR, 909 West 45th Street, Austin, Texas 78756, and may be reviewed during
regular business hours.
§411.75. Distribution.
The provisions of this subchapter shall be distributed to:
(1)
members of the Texas Mental Health and Mental Retardation
Board;
(2)
executive, management and program staff in the TDMHMR's
Central Office;
(3)
superintendents/directors of TDMHMR facilities;
(4)
executive directors of all state-operated community
services;
(5)
executive directors of all local MHMRAs;
(6)
chairs of boards of trustees of community mental
health and mental retardation centers;
(7)
interested advocates and advocacy organizations;
and
(8)
state agencies and other entities who are parties
to the memoranda referenced in this subchapter.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
July 12, 1999.
TRD-9904184
Charles Cooper
Chairman, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Earliest possible date of adoption: August 22, 1999
For further information, please call: (512) 206-4516