| (a) The purpose of the DADS Guardianship Services Program
is to accept referrals for individuals from DFPS as defined in Texas
Human Resources Code, §48.209; assess the individuals for capacity;
apply for guardianship if determined appropriate; and serve as guardians
who promote and enhance the well-being, dignity, and personal preferences
of the individuals to the extent possible for as long as DADS serves
as guardian. An individual referred by DFPS must have been found to
be in a state of abuse, neglect, or exploitation.
(b) DFPS makes a referral directly to the DADS Guardianship
Services Program, or, if requested by the court with probate jurisdiction
for the county in which an individual being referred resides, DFPS
may also make a referral to the court in addition to the referral
to the DADS Guardianship Services Program.
(c) The DADS Guardianship Services Program files an
application to be appointed as guardian or otherwise agrees to be
appointed as guardian if the DADS Guardianship Services Program determines
that:
(1) DFPS found the individual to be in a state of abuse,
neglect, or exploitation or the individual is a minor in the conservatorship
of DFPS;
(2) there is no less restrictive alternative to guardianship;
(3) there is no other willing, able, and suitable person
or program to serve as guardian;
(4) the individual is eligible for the DADS Guardianship
Services Program; and
(5) the court finds the individual is an incapacitated
person as defined in Texas Estates Code, §1002.017 and makes
all other findings required by Texas Estates Code, §1101.101.
(d) As provided by Texas Human Resources Code, §161.101(d),
a court may not appoint DADS as permanent guardian unless DADS files
an application with a court with probate jurisdiction or otherwise
agrees to be appointed as permanent guardian.
(e) The DADS Guardianship Services Program complies
with the requirements of Texas Estates Code, Title 3 in performing
its responsibilities as guardian of its wards.
|
| Source Note: The provisions of this §361.1 adopted to be effective September 1, 2006, 31 TexReg 6797; amended to be effective February 9, 2015, 40 TexReg 609; transferred effective March 15, 2022, as published in the February 25, 2022 issue of the Texas Register, 47 TexReg 983 |
