The IDT at an MRA must do the following in making a
report of its findings and recommendations as described in §
2.255(a)(5) and (b)(1)(B)
of this subchapter (relating to Criteria for
Commitment and Regular Voluntary Admission of an Adult to a State MR Facility
Under the PMRA), §
2.256(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 §
2.257(a)(5) of
this subchapter (relating to Criteria for Commitment of a Minor to a State MR
Facility Under the PMRA)
(1) in
accordance with THSC, §593.013:
(A)
interview the individual or the individual's 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 assessment(s) 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)
encourage the individual and the individual's LAR 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 state MR 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 mental retardation:
(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; and
(C)
the state MR facility provides habilitative services, care, training and
treatment appropriate to the individual's needs.
Notes
40
Tex. Admin. Code §
2.264
The provisions of
this §2.264 adopted to be effective January 1, 2001, 25 TexReg 12746;
amended to be effective March 31, 2002, 27 TexReg 2445; Transferred effective
September 1, 2004, as published in the Texas Register September 10, 2004, 29
TexReg 8841; amended to be effective September 1, 2006, 31 TexReg
6783
