IDD Authority Manual
Burke Center
Permanency Planning
Revised, November 2011
Permanency Planning
I.
Introduction
It is the policy of the Texas Department of Aging and Disability Services (DADS) to
strive to ensure that the basic needs for safety, security, and stability are met for each
child in Texas. A successful family is the most efficient and effective way to meet those
needs. The State and local communities must work together to provide encouragement
and support for well-functioning families and ensure that each child receives the benefits
of being a part of a successful permanent family. The state believes that as each family is
made aware of the availability of family-based services and supports, parental choice is
enhanced.
It is important that children with disabilities live in a family or family-like setting rather
than an institutional setting. Permanency planning is a philosophy and planning process
that focuses on achieving family support for individuals under 22 years of age by
facilitating permanent living arrangements that include an enduring and nurturing
parental relationship.
Since September, 2001, Texas Law has required permanency planning for all individuals
under 22 years of age who reside in certain types of “institutions” which include, but are
not limited to:

Intermediate care facilities for persons with mental retardation (ICF/MR),
including state mental retardation facilities;
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Programs that serve people receiving residential assistance services through the
Home and Community Services program; or
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Another residential arrangement, other than a Texas Department of Family and
Protective Services foster home, that provides care to four or more unrelated
people under age 22.
Placement of an individual under 22 years of age in an institution (as defined above) is
considered temporary and approval for the individual to reside in the institution must be
obtained every six months from DADS.
It is important that an individual, along with his or her parents, guardians, and friends and
child advocates are actively involved in the permanency planning process. Goals are
identified and reflected in an individual’s person directed plan and must be reviewed at
least every six months.
In addition, the law requires an individual’s name to be placed on the interest list for
waiver services, and for his or her name to remain on the interest list until he or she turns
22 years old or enters waiver services.
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Burke Center
Permanency Planning
Revised, November 2011
Lastly, the law provides a volunteer advocate for an individual. The advocate’s role is to
assist the individual in the permanency planning process. If an individual’s parent or
guardian requests the assistance of an advocate may selected by:
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An individual’s parent or guardian, except the advocate selected may not be
employed by or under contract with the service provider;
An adult relative of an individual; or
A representative from a child advocacy group.
The Texas Health and Human Services Commission (HHCS) will not require, mandate or
otherwise make any child move to another setting without parental support or approval.
It is not the intent of legislation to replace parental choice or decision-making. In
addition, HHCS will not support a child’s move without adequate community services
and supports in place of the child and the family support or support family. The intent of
permanency planning is to ensure that families have ongoing opportunities to consider all
options of care available for their children and to have the information necessary to select
the supports and services that are in the best interest of the child.
The implementation and oversight of permanency plans must involve consideration for
the child’s social, emotional cognitive and physical development and well-being, a
respect for parental choice, a realistic individualized inventor and appraisal of the support
services that are needed and available, and an assessment of the support services that will
need to be attained, including updated progress on efforts to attain those supports.
Permanency Planning is a joint effort between families and professionals to offer family
support, a permanent living arrangement, and a nurturing parental relationship for every
child with a disability. Current best practices adhere to the value that children belong in
families. Generally, only in a family environment will children find the close and
ongoing caregiver relationship that supports positive emotional growth and long term
development. Although a family environment may not be an immediate possibility in
many cases, in nearly all cases the plans should initially involve at a minimum, strategies
to develop and/or ensure a consistent, nurturing, daily relationship with a parent or
extended family member, or if family is not possible, a community volunteer, such as a
“foster grandparent”.
Permanency planning for older children and young adults should incorporate the
principles and practices of self-determination. A family setting may not be the choice or
best option for a young adult. The permanency plan for many older children and young
adults often centers around a less restrictive, more community-based setting. The focal
piece of each plan should be based on the choice of the individual and/or their guardian.
Guiding principles for Permanency Planning:

It is generally in the best interest of children to remain at home with their family.
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Burke Center
II.
Permanency Planning
Revised, November 2011

Remaining at home may be contingent on adequate support.
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Living in congregate care facilities is not considered to be an appropriate planning
option.
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If a child cannot remain at home, priority attention should be given to a familybased alternative as the first priority.

Whenever placement in a residential alternative has occurred, the provision and
coordination of services that will facilitate reunification of the child with his/her
birth family should be given priority attention.

The specific elements of planning for permanency must be tailored to the
individual circumstances of each child and family. For example some children
who are already in care, strengthening their ties with their birth family by
increasing the quality and quantity of involvement may be the most immediate
permanency-planning step. For other children, the permanency plan may include
alternative such as providing services in a long-term support-family home (nonCPS foster care). For other families the plan may call for a shared parenting
arrangement where parental responsibilities are shared between a birth family and
support family). For children where there is not parental involvement with the
child, adoption planning or guardianship options should be assessed with the
proper authorities.
Permanency Planning
As the Local Authority (LA), Burke Center is responsible for conducting and
documenting permanency planning for individuals under the age 22 years enrolling in or
currently residing in an ICF or HCS residential setting for individuals whose county of
residence is in the Center’s catchment area in accordance with the Performance Contract.
The Service Director or designee will use the following CARE Xporter reports to identify
the individuals in need of permanency planning and the timeframes for conducting the
review:
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HC021395 (Permanency Plan Reviews Needed); and
HC021393 (PPRS Status By Consumer)
These CARE Xporter reports indicate consumers newly identified as needing
permanency planning. As per the Performance Contract, the local authority has 20 days
to conduct permanency planning starting the first business day an individual’s name first
appears on either report.
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Burke Center
Permanency Planning
Revised, November 2011
For individuals who are enrolling from a family-based setting into an ICF facility
including a state supported living center (SSLC), or an HCS residential setting, Burke
Center will conduct initial permanency planning prior to or at the time of enrollment.
After the Burke Center is notified of a request for placement of an individual under age
22 years in an ICF or HCS residence, a designated staff member will ensure the
individual’s parent or guardian is fully informed prior to placement of all communitybased services and any other service and support options for which the individual may be
eligible. Staff review the Explanation of Services and Supports and document their
preferences on the Initial Identification of Preferences form with the parent or guardian
requesting placement. The Explanation of Services and Supports provide the following
information:
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Options for community-based services;
The benefits to the child of living in a family or community setting;
That the placement of a child in an institution is considered temporary; and
That an ongoing permanency planning process is required.
If the Burke Center is not notified prior to placement of an individual in an ICF or HCS
residence, then a designated staff member must provide the above information within 10
days of receiving the notification. This requirement does not apply to a request for
placement if the individual is involved in an emergency situation or has been committed
to an institution under Chapter 46B of the Code of Criminal Procedure or Chapter 55 of
the Family Code.
For new enrollments, the Burke Center will collect parent/guardian contact information
that is included in page 6 of the permanency planning instruments. A designated staff
must request the parent’s or guardian’s signature on the following acknowledgments that
are also included on page 6 of the instruments:

Parents or guardians agree to notify Burke Center and the provider when their
contact information changes

Parents or guardians understand the individual’s placement in considered
temporary and that they will be contacted to participate in permanency planning
activities every 6 months until the individual reaches age 22

Parents or guardians agree to make reasonable efforts to participate in the
individual’s life and in planning activities for the individual.
Additionally, Senate Bill 40 states, “An entity that provides information to a child’s
parent or guardian relating to permanency planning shall refrain from providing the
child’s parent or guardian with inaccurate or misleading information regarding risks of
moving the child to another facility or community setting. Please note that this provision
applies to Local Authority’s because they are entities that provide information to a child’s
parents or guardian relating to permanency planning. The purpose of the House Bill is to
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Permanency Planning
Revised, November 2011
help ensure that a parent or guardian of an individual under the age of 22 living in an
“institution,” including an ICF and HCS residence, is involved in the individual’s life.
If the individual is between eighteen and twenty-two (18-22) years of age and does not
have a Legal guardian but does have an actively involved family member, Burke Center
will include the actively involved family member in permanency planning unless the
consumer is opposed to such inclusion.
For individuals who currently reside in an ICF, including an SSLC, or an HCS residential
setting, Burke Center will conduct a review of the permanency plan six months after the
initial permanency plan was conducted and every six months after the review until the
individual reaches age 22 years of age or the individual leaves the ICF or HCS residential
setting to live in a family-based setting. Staff conducting the review will provide to and
review with the individual and family or LAR the A Message for Families document;
Explanation of IDD Services and Supports Long Term Services and Supports and Know
Your Options. All documents may also be found by going to the DADS website:
http://www.dads.state.tx.us/providers/pi/permanency/forms/index.html.
In addition, for individuals residing in a nursing facility staff will also discuss the option
of family-based services in the HCS Program. If the individual/family or LAR decides
to pursue HCS, the consumer/family or LAR must document acceptance of HCS on the
Verification of Freedom of Choice Form and sign the form. Burke Center staff must fax
the signed form to DADS LPDS at 512-438-5220 (Attention: Rider 29 V0FC) to
document the individual’s or LAR’s acceptance of the HCS Program. Once DADS
receives the signed form, DADS will send a letter authoring the offer of HCS services
and a provider choice form to Burke Center. If the individual or LAR expresses an
interest in a DADS waiver other than the HCS Program, Burke Center will provide the
individual or LAR with a current contact list of all local Local Authoritys, Area Agency
on Aging (AAA), and DADS community services regional offices and refer the
individual or family to a relocation specialist by instructing them to contact the county’s
community services regional office.
Staff conducting the review will communicate with the provider to gather planning
information that may be available only by talking with staff that is currently caring for
the individual. The staff will document the provider’s participation (or lack of
participation) in the permanency planning process by documenting on the “participants”
page of the instrument whether the provider submitted or made available requested
information, cooperated with the planning process, participated in the meetings, and if
applicable, suggested actions that they agree to implement that will support the
permanency goal.
If the individual is a child under the age of 18, the Person Directed Plan should include as
an objective, if not the primary or sole objective, that the child will live with a family in a
sustained, long-term relationship. The PDP should identify the primary goal for the child
to reunite with family or to move the child to live with alternate family.
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IDD Authority Manual
Burke Center
Permanency Planning
Revised, November 2011
Permanency Planning for individuals between 18 years of age and under 22 who reside in
nursing homes, intermediate care facilities, state schools and other long-term care
facilities. For individuals 18 years to 22, permanency planning should invoke the Person
Directed Planning process. The planning represents, for this population, a required
consideration of the domain in which the individual defines where she/he will live and
the type of relationship the individual will have with his/her family. The Person Directed
Plan should include as an objective, if not the primary or sole objective, where the
individual prefers to live and age-appropriate activities regarding maintenance of the
relationships with family.
Staff conducting the review will develop permanency plans using one of the following
instruments, as appropriate:


Permanency Planning Instrument for Children Under 18 years of Age; or the
Permanency Planning Instrument for Individuals 18-21 Years of Age.
Permanency Plans may also be accessed by going to the following website:
http://www.dads.state.tx.us/providers/pi/permanency/forms/index.html:
Once the document is complete staff will send a copy of the completed permanency plan
to the provider and enter the permanency planning information into CARE (CARE screen
309) within the following timelines:

Initial permanency planning information by the plan of care implementation date;

Permanency planning review information within 10 days after the review date.
In addition, for individuals who are younger than ten (10) years of age, Burke Center will
also fax the permanency planning information (initial and reviews) to DADS (Attention:
Permanency Planning Coordinator) for approval.
Staff will make reasonable accommodations to promote the participation of the parent or
guardian in the permanency planning process. As delineated in the statue, reasonable
accommodations include:

Conducting a meeting in person or by telephone, as mutually agreed upon by the
Local Authority and the parent or guardian;

Conducting a meeting at a time and, if the meeting is in person, at a location that
is mutually agreed upon by the Local Authority and the parent or guardian;

If the parent or guardian has a disability, providing reasonable accommodations in
accordance with the American’s with Disabilities Act; including providing an
accessible meeting location or a sign language interpreter, as applicable; and
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IDD Authority Manual
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
Permanency Planning
Revised, November 2011
Providing a language interpreter, if applicable.
Staff will notify the parent or guardian in writing of a permanency planning review no
later than 21 calendar days before the date the meeting is scheduled to be held and
request a response from the parent or guardian. If a parent or guardian does not respond
to a notice of a permanency plan review meeting, the staff member must notify the
provider that they are unable to locate the parent or guardian. The Local Authority is still
responsible for conducting the permanency planning review within the required time
frame with or without the parent or guardian.
Designated Burke Center staff will also participate in the Community Resource
Coordination Groups for Children and Adolescents (CRCG) and the Community
Resource Coordination Group for Adults (CRCGA) in the local service area, in
accordance with the memorandum of understanding, described in the CRCG-MOU,
required by the Texas Government Code (TGC) §531.055, by providing one or more
representative to each group with authority and expertise in mental health or IDD
services, as appropriate. Designated staff will also notify the CRCG in the county of
residence of the parent or guardian of a person younger than 22 years of age with
developmental disability if such a person is place by the Local Authority in a group
home or other residential facility, as required by TGC §531.154 (a) (3).
The following technical assistance tools and materials are provided to assist both the
permanency planners and providers in facilitating and understanding the permanency
planning process:
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Describing the Child
Family-based Alternatives
History Prior to Placement
Identifying the Child’s Relationships
Stages in the Permanency Planning Process
Suggestions for Engaging Families
Talking about Goals
Talking about Returning Home
Talking about Support Families
Advocate Resource List
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