Certain institutions must notify the relevant authority when a child’s placement is requested and must take steps to involve a parent or guardian in care planning, including notices, responses, and accommodations.
Sec. 546.0210. DUTIES OF CERTAIN INSTITUTIONS: NOTIFICATION REQUIREMENTS AND PARENT OR GUARDIAN ACCOMMODATIONS. (a) This section applies only to an institution described by Section 546.0201(4)(A), (B), or (D). (b) An institution described by Section 546.0201(4)(A) or (B) shall notify the local intellectual and developmental disability authority for the region in which the institution is located of a request for a child's placement in the institution. An institution described by Section 546.0201(4)(D) shall notify the commission of a request for a child's placement in the institution. (c) An institution must make reasonable accommodations to promote the participation of the parent or guardian of a child residing in the institution in all planning and decision-making regarding the child's care, including participation in: (1) the initial development of the child's permanency plan and periodic review of the plan; (2) an annual review and reauthorization of the child's service plan; (3) routine interdisciplinary team meetings; (4) decision-making regarding the child's medical care; and (5) decision-making and other activities involving the child's health and safety. (d) Reasonable accommodations that an institution must make include: (1) conducting a meeting in person or by telephone, as mutually agreed upon by the institution and the parent or guardian; (2) conducting a meeting at a time and, if the meeting is in person, at a location that is mutually agreed upon by the institution and the parent or guardian; (3) if a parent or guardian has a disability, providing reasonable accommodations in accordance with the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.), including providing an accessible meeting location or a sign language interpreter, as applicable; and (4) providing a language interpreter, if applicable. (e) Except as otherwise provided by Subsection (f): (1) an ICF-IID must: (A) attempt to notify the parent or guardian of a child who resides in the ICF-IID in writing of a periodic permanency planning meeting or annual service plan review and reauthorization meeting not later than the 21st day before the date the meeting is scheduled to be held; and (B) request a response from the parent or guardian; and (2) a nursing facility must: (A) attempt to notify the parent or guardian of a child who resides in the facility in writing of an annual service plan review and reauthorization meeting not later than the 21st day before the date the meeting is scheduled to be held; and (B) request a response from the parent or guardian. (f) If an emergency situation involving a child residing in an ICF-IID or nursing facility occurs, the ICF-IID or nursing facility, as applicable, must: (1) attempt to notify the child's parent or guardian as soon as possible; and (2) request a response from the parent or guardian. (g) If a child's parent or guardian does not respond to the notice provided under Subsection (e) or (f), the ICF-IID or nursing facility, as applicable, must attempt to locate the parent or guardian by contacting another individual whose information was provided by the parent or guardian under Section 546.0209(1)(B). (h) Not later than the 30th day after the date an ICF-IID or nursing facility determines that the ICF-IID or nursing facility is unable to locate a child's parent or guardian for participation in activities listed under Subsection (e)(1) or (2), the ICF-IID or nursing facility must notify the commission of that determination and request that the commission initiate a search for the child's parent or guardian. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.