La. Admin. Code tit. 48 § I-1513

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-1513 - Complications to Process

A. The Department of Health and Human Resources or its offices will not be deemed to be in violation of this policy because of any of the following events when every reasonable effort has been made to comply or to reach compromise solutions:

1. refusal or inability of a classmember, parent, guardian or representative to attend a staffing conference within prescribed time frames;

2. refusal of any staff person not employed by or through contract with the Department of Health and Human Resources to attend a staffing conference within prescribed time frames;

3. refusal or inability of a classmember or his/her parent, guardian, or representative to provide placement or program information within prescribed time frames for the staffing conference;

4. refusal of any person or agency not a part of or under contract with DHHR to provide placement or program information for the staffing conference within prescribed time frames;

5. refusal of the special master to attend or to appoint a representative to the staffing conference within prescribed time frames;

6. refusal of the classmember, or his/her parent, guardian, or representative to accept or follow the recommendations of the pre-movement staffing team;

7. refusal of residential or program provider to accept or follow the recommendations of the pre-placement staffing team when that provider is not a part of or under contract with DHHR;

8. Any other circumstances beyond the direct control of DHHR.

B. Such complications and all efforts to resolve them must be thoroughly documented and filed in the classmember's record.

C. Copies of documentation will be provided to the headquarters of the office responsible for the facility from which movement occurred.

D. Copies of documentation will be provided to the Gary W. project coordinator who will forward and discuss events with the special master's office.

E. Complications will not preclude the need for a staffing meeting.

La. Admin. Code tit. 48, § I-1513

Promulgated by the Department of Health and Human Resources, Office of the Secretary, LR 13:246 (April 1987).

AUTHORITY NOTE: Promulgated in accordance with Gary W. et al vs. State of Louisiana et al, Civil Action 74-2412.