The IDT at a LIDDA must do the following in making a report
of its findings and recommendations, as described in §
904.25(a)(5) and (c)(1)(B)
of this subchapter (relating to Criteria for
Commitment, Commitment for Residential Services Without an Interdisciplinary
Team Recommendation, and Regular Voluntary Admission of an Adult to a
Residential Care Facility Under the PIDA), §904.27(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 §
904.29(d)(5) of
this subchapter (relating to Criteria for Commitment and Commitment for
Residential Services Without an Interdisciplinary Team Recommendation of a
Minor to a Residential Care Facility Under the PIDA).
(1) In accordance with THSC §593.013,
the IDT must:
(A) interview the individual
and the individual's legally authorized representative (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 assessments 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) give
the individual and the individual's LAR an opportunity 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 residential care facility, submit the IDT
report promptly to the court, as ordered, and to the individual or LAR, as
appropriate; and
(2)
determine whether:
(A) the individual, because
of an intellectual disability:
(i) represents
a substantial risk of physical impairment or injury to self or others;
or
(ii) is unable to provide for
and is not providing for the individual's most basic personal physical
needs;
(B) the
individual cannot be adequately and appropriately habilitated in an available,
less restrictive setting, as demonstrated by documentation that alternative
settings have been identified, evaluated, and determined to be unavailable or
unable to meet the individual's identified needs; and
(C) the residential care facility provides
habilitative services, care, training and treatment appropriate to the
individual's needs.
