| (a) A contractor must:
(1) provide an adequate number of qualified employees
to meet the needs of wards that DADS refers to the contractor;
(2) employ case managers who have the following qualifications:
(A) be at least 21 years of age;
(B) be a high school graduate or possess the general
education development equivalent; and
(C) have:
(i) at least two years of relevant work experience
related to guardianship; or
(ii) the following educational or training requirements:
(I) a minimum of a bachelor's degree conferred by a
college or university accredited by an organization recognized by
the Texas Higher Education Coordinating Board in a field related to
guardianship, including but not limited to medical, mental health
and intellectual disability, law, business, accounting, social work,
sociology, psychology, human services, protective services, and criminal
justice fields; or
(II) completion of a course curriculum or training
specifically related to guardianship approved by the Judicial Branch
Certification Commission; and
(D) are certified as a guardian by the Judicial Branch
Certification Commission;
(3) provide an orientation program that explains:
(A) the responsibilities associated with each new employee's
position;
(B) the responsibilities of the guardianship program
to the ward;
(C) the relationship of the ward to the guardianship
program and to DADS;
(D) an overview of the Texas Estates Code and the program's
responsibilities per the code;
(E) an overview of any rules or regulations that affect
the guardianship program;
(F) an overview of aging and disability; medical issues,
including medical treatment and medication; and end-of-life decisions;
(G) the principles of person-directed planning including
consideration of a ward's personal preferences, desires, religious
beliefs, and living arrangements; and
(H) the principle of substituted judgment and the
best interest standard for decision-making;
(4) maintain a copy of the information presented at
the orientation for each employee and have signed documentation of
attendance at the orientation; and
(5) provide ongoing training based upon the needs of
the ward as described in subsections (b) and (c) of this section and
any changes in rules or state law.
(b) Ongoing training as required in subsection (a)(5)
of this section must be documented and each participant must sign
that the participant attended the training. At a minimum, training
must include:
(1) recognizing and reporting abuse, neglect, and exploitation
to the appropriate investigating agency;
(2) cultural sensitivity and ethics;
(3) financial management, including budgeting, record
keeping, and bill paying;
(4) case management, including service planning, service
delivery, and an overview of guardianship;
(5) housing and placement alternatives supporting the
ward to live in the least restrictive setting appropriate to the ward's
needs;
(6) community resources;
(7) recognition of the social needs of wards, such
as recognition of birthdays, holidays, and the need for contact with
family and friends; and
(8) information regarding alternatives to guardianship,
restoration of capacity, and modification of a guardianship.
(c) In addition to the orientation and training specified
in subsections (a)(3) and (b) of this section, a contractor must provide
training to case managers in the following areas:
(1) aging and disability, including mental illness,
intellectual disability, related conditions, physical disabilities,
and other diagnoses that affect the population being served;
(2) legal issues, including civil commitment of persons
with intellectual disability and mental illness, courtroom testimony,
protocol, etiquette in the courtroom and other venues, and local court
policies and procedures; and
(3) estate management, including money management
alternatives, record keeping, and completion of documents that will
be filed with the court.
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| Source Note: The provisions of this §361.59 adopted to be effective September 1, 2006, 31 TexReg 6797; amended to be effective January 20, 2008, 33 TexReg 432; 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 |
