| (a) A contractor must develop and update at least annually
a service plan for each ward for which it is appointed as guardian
of the person. The service plan establishes a structured and systematic
approach for delivery of services to a ward that maximizes quality
of care, quality of life, and overall functioning of the ward.
(b) A contractor must develop the initial service plan
within three months after taking and filing the oath of guardianship
and must update the service plan annually by the due date of the annual
report required by the court.
(c) A contractor may develop its own format for the
service plan or may use a format provided by DADS. The service plan
must include at least the following information:
(1) a brief description of the current status of the
ward;
(2) a description of the needs of the ward in each
of the following areas:
(A) living arrangements and basic care;
(B) medical, dental, vision, mental health, and intellectual
disability services;
(C) family, social, and recreational needs;
(D) financial and legal services; and
(E) diet and clothing preferences;
(3) the plan or strategy for meeting the needs of the
ward in the areas listed in paragraph (2) of this subsection; and
(4) actions taken to date to accomplish the plan.
(d) A service plan must be developed using the principles
of person-directed planning and be developed in a culturally competent
manner, to meet the ward's needs within the ward's cultural context.
Resources such as family systems, natural helping networks, formal
institutions within the ward's community, churches, and social organizations
are used to resolve the ward's problems whenever possible and appropriate.
(e) A contractor must ensure that services are provided
by persons who can adequately communicate with the ward. The contractor
may facilitate communication by using a translator or by other means
if the contractor's employees do not speak the ward's language. A
non-English speaking ward and the ward's family who attempt to communicate
in English may require accommodation. Whenever possible, the contractor
must offer the ward the option of communicating in the ward's preferred
language, even if the ward can communicate adequately in English.
(f) Whenever possible the ward's diet and clothing
must reflect cultural preferences.
(g) The service plan for the religious needs of the
ward must reflect any lifelong pattern of religious affiliation. Funeral
planning for the ward must reflect the cultural and religious values
of the ward and the ward's family whenever possible.
|
| Source Note: The provisions of this §361.83 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 |
