SECTION 381.333. Service Provider Employee Screening  


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  • (a) A guardianship program will perform a criminal background check and a reference check on each employee or volunteer who:

    (1) works or will work directly with a client;

    (2) currently has or will have access to a client's assets or a client's confidential information.

    (b) An employee or volunteer may not provide any services to a client before the guardianship program has completed these checks.

    (c) A person may not be employed by or serve as a volunteer in a guardianship program in a position that allows access to a client, a client's assets, or a client's confidential information if:

    (1) the person was finally convicted of an offense described in section 678, Probate Code (Presumption Concerning Best Interest); or

    (2) the person is ineligible to be appointed guardian due to the provisions of section 681, Probate Code (Persons Disqualified to Serve as Guardians); or

    (3) the person was found unsuitable to be appointed guardian by the Probate Court.

Source Note: The provisions of this §381.333 adopted to be effective November 21, 2002, 27 TexReg 10719