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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 361GUARDIANSHIP SERVICES
SUBCHAPTER CCONTRACTOR REQUIREMENTS
RULE §361.57Policies and Procedures Required of Contractors

A contractor must have written policies and procedures that:

  (1) identify the management structure of the agency and clearly reveal the decision-making authority and chain of command;

  (2) establish qualifications for employees and volunteers that indicate type of position, education required, and any licensure requirements;

  (3) describe hiring practices and ensure compliance with applicable state and federal laws;

  (4) describe what orientation will be provided to employees and volunteers, including what additional training will be provided if volunteers are used;

  (5) ensure that allegations of abuse, neglect, and exploitation are reported to DFPS as mandated by state law;

  (6) describe actions to be taken if a ward has a crisis and needs emergency help;

  (7) describe the minimum standards for guardianship adopted by rule by the Office of Court Administration when serving as a guardian;

  (8) include ethical standards for guardianship and estate matters;

  (9) include procedures for compliance with court orders and other local practices based upon the court system in the geographic area;

  (10) include a system for receiving complaints, recording the complaints, and taking action; and

  (11) include procedures for communication with DADS to include:

    (A) notification of a court hearing involving a DADS ward;

    (B) notification of a ward's death;

    (C) notification of a court order closing a guardianship;

    (D) notification of an unusual occurrence, such as a pregnancy or a serious illness; and

    (E) monthly reports to be sent to DADS.


Source Note: The provisions of this §361.57 adopted to be effective September 1, 2006, 31 TexReg 6797; transferred effective March 15, 2022, as published in the February 25, 2022 issue of the Texas Register, 47 TexReg 983

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