| (a) To be eligible to apply for a guardianship contract
with DADS, an agency must meet the definition of a guardianship program
in Texas Estates Code, §1002.016.
(b) An agency must agree to comply with the minimum
standards for guardianship services established by the Judicial Branch
Certification Commission under Texas Government Code, §155.101.
(c) An agency must agree to comply with the certification
requirements of the Judicial Branch Certification Commission as authorized
in Texas Government Code, §155.102 for all individuals who will
provide guardianship services to a ward of the program on behalf of
DADS.
(d) An agency must agree to terminate an employee who
commits an action that results in the agency being removed as guardian
by the courts. If the agency fails to take action against an employee
or has demonstrated a pattern of activity resulting in removal as
guardian by the courts within the previous five years, the agency
may become ineligible to contract with the DADS Guardianship Services
Program.
(e) If an agency is held in contempt, fined, surcharged,
removed as guardian, or found not suitable to serve as guardian by
the courts, the DADS Guardianship Services Program may consider these
actions in determining present and future eligibility and the agency
may become ineligible to contract with the DADS Guardianship Services
Program.
|
| Source Note: The provisions of this §361.53 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 |
