| (a) A term used in this chapter that is defined in
Texas Estates Code, Chapter 1002 has the same meaning as defined in
that section of the code.
(b) In addition, the following words and terms, when
used in this chapter, have the following meanings, unless the context
clearly indicates otherwise:
(1) Agency--A state or local government or private
not-for-profit organization that operates a guardianship program as
defined by Texas Estates Code, §1002.016.
(2) Assessment--The process of establishing whether
DADS guardianship is appropriate for an individual referred by DFPS.
The assessment includes a determination of whether the individual
appears to meet the definition of an incapacitated person as defined
by Texas Estates Code, §1002.017(2), and if the definition is
met, whether the individual is totally without capacity or lacks capacity
to do some, but not all, the tasks necessary to care for himself or
herself or to manage his or her property, whether there is a less
restrictive alternative to guardianship, and whether the individual
meets the eligibility criteria for the DADS Guardianship Services
Program.
(3) Certificate of Medical Examination (CME)--A statement
by a qualified physician attesting to whether, in the physician's
medical opinion, an individual has capacity that complies with Texas
Estates Code, §1101.103.
(4) Contractor--An agency with which DADS has a contract
to provide guardianship services for a fee.
(5) DADS--The Department of Aging and Disability Services.
(6) DADS Guardianship Services Program--The program
operated by DADS that provides guardianship and related services to
persons with diminished capacity.
(7) Determination of intellectual disability (DID)--An
examination, or an update or endorsement of a prior examination, that
complies with Chapter 5, Subchapter D of this title (relating to Diagnostic
Eligibility for Services and Supports--Intellectual Disability Priority
Population and Related Conditions) and with Texas Estates Code, §1101.104.
(8) DFPS--The Department of Family and Protective Services.
(9) Diminished capacity--Some loss of an individual's
ability due to a physical or mental condition to provide food, clothing,
or shelter for the individual, to care for the individual's own physical
health, or to manage the individual's own financial affairs. An individual
referred to the DADS Guardianship Services Program has diminished
capacity, but may or may not meet the legal definition of an incapacitated
person.
(10) Judicial Branch Certification Commission--The
commission established under Texas Government Code, Chapter 152.
(11) Person-directed planning--A process that empowers
an individual and the legally authorized representative (LAR) on the
individual's behalf to direct the development of a service plan for
a ward that meets the individual's personal outcomes. The service
plan must identify existing supports and services necessary to achieve
the individual's outcomes, identify natural supports available to
the individual and negotiate needed service system supports, occur
with the support of a group of people chosen by the individual and
the guardian as LAR on the individual's behalf, and accommodate the
individual's style of interaction and preferences regarding time and
setting.
(12) Quality assurance plan--A written plan that describes
a contractor's system of self-monitoring to ensure consistency and
quality of care provided to a ward and ensure compliance with the
Texas Estates Code, other requirements imposed by the courts, and
other program policies, rules, and standards.
(13) Reporter--A person who makes a referral to DFPS
staff about a situation of alleged abuse, neglect, or exploitation
of an elderly person or adult with a disability.
(14) Service plan--A plan of care for a ward that ensures
appropriate habilitation and rehabilitation services, including therapy,
counseling, education, and training to the extent permitted by the
ward's estate.
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| Source Note: The provisions of this §361.3 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 |
