Texas Child Protection Law Bench Book

DFPS Aging Out of Care (AOC)

▪   Close to aging out of conservatorship (age 16 or older) and in need of continued care beyond age 18.

▪   Live in a foster home or a residential facility. Note: the youth cannot continue to live in a residential facility once enrolled in the HCS waiver.

▪   There are a very limited number of these slots so they should not be used for youth who can access. another type of waiver or the HCS waiver using a different slot type.

▪   When the transition plan is staffed at age 16, DFPS Developmental Disability Specialist (DDS) determines if an HCS slot is needed.

▪   The Developmental Disability Specialist (DDS) completes referral forms and submits to DFPS state office where referrals are prioritized based on situation and age.

▪   Contact: Developmental Disabilities Program Specialist, State Office

Promoting Independence (PI)

▪   Any age.

▪   Registered on the HCS interest list.

▪   Reside in a large, private ICF-MR. Large is defined as 14 or more beds.

▪   HHSC offers HCS slots to individuals who are residents of large ICFs-MR and on the HCS interest list. HCS slot offers are made to these individuals to ensure these individuals move within 365 days of being registered on the PI list. If the slot is turned down, HHSC ensures the youth remains on the PI list. CPS staff should secure guidance from the DDS before accepting or declining an HCS slot as other services may be impacted.

▪   The DDS may also request that the ICF-MR conduct a staffing to determine if another “living option” is appropriate.

Small/Medium Intermediate Care Facility (ICF-MR) Rider

▪   Under the age of 22.

▪   Reside in a small, private ICF-MR (6 beds) or a medium, private ICF-MR (7-13 beds).

▪   There are very few of these slots available.

▪   HHSC offers slots based on an individual's interest list date.

▪   The DDS may also request that the ICF-MR conduct a staffing to determine if another “living option” is appropriate.

Money Follows the Person (MFP)

▪   Under the age of 22 for Home and Community Based Services (HCS).

▪   Residing in a nursing facility.

▪   Note: Money Follows the Person (MFP) also applies to other Medicaid Waivers: Community Living Assistance and Support Services (CLASS) (any age), Medically Dependent Children Program (MDCP) (under 21), Community Based Alternatives (CBA) (21 or older), and Deaf-Blind Multiple Disabilities (DB-MD) (18 or older).

▪   HHSC conducts the Permanency Planning process every 6 months for residents in nursing facilities. Alternative services/options are discussed and if placement into the community is desirable, the MRA notifies HHSC requesting an HCS slot. After age 22 this option ends.

State Supported Living Center

▪   Residing in a State Supported Living Center.

▪   The Service Planning Team (SPT) at the facility determines if and when an individual is referred for community placement. Once the SPT makes that determination, HHSC offers an HCS slot to that individual and community placement must occur within 6 months.

▪   The DDS can request a “living option” staffing at any time.

▪   The decision to accept an HCS slot is ultimately made by either DFPS or the guardian if there is one.

State Hospital Multiple Disability Unit (MDU)

▪   Committed to a state mental health hospital.

▪   Upon admittance, the DDS can request that HHSC put the youth on the MDU HCS waiting list; wait time for a slot varies and discharge from the hospital may be required before a slot is available.

Interest List

▪   HHSC determines eligibility when the individual's name comes to the top of the list.

▪   DDS should put any child they suspect may have a disability on the interest lists for all waivers at the time the child comes into care. This is important to do even if the goal for the child is reunification as waivers are an important resource for birth families.

▪   Contact: local LIDDA office