SECTION 361.3. Definitions

(a) A term used in this chapter that is defined in Texas Estates Code, Chapter 1002 has the same meaning as defined in that section of the code.

(b) In addition, the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

(1) Agency--A state or local government or private not-for-profit organization that operates a guardianship program as defined by Texas Estates Code, §1002.016.

(2) Assessment--The process of establishing whether DADS guardianship is appropriate for an individual referred by DFPS. The assessment includes a determination of whether the individual appears to meet the definition of an incapacitated person as defined by Texas Estates Code, §1002.017(2), and if the definition is met, whether the individual is totally without capacity or lacks capacity to do some, but not all, the tasks necessary to care for himself or herself or to manage his or her property, whether there is a less restrictive alternative to guardianship, and whether the individual meets the eligibility criteria for the DADS Guardianship Services Program.

(3) Certificate of Medical Examination (CME)--A statement by a qualified physician attesting to whether, in the physician's medical opinion, an individual has capacity that complies with Texas Estates Code, §1101.103.

(4) Contractor--An agency with which DADS has a contract to provide guardianship services for a fee.

(5) DADS--The Department of Aging and Disability Services.

(6) DADS Guardianship Services Program--The program operated by DADS that provides guardianship and related services to persons with diminished capacity.

(7) Determination of intellectual disability (DID)--An examination, or an update or endorsement of a prior examination, that complies with Chapter 5, Subchapter D of this title (relating to Diagnostic Eligibility for Services and Supports--Intellectual Disability Priority Population and Related Conditions) and with Texas Estates Code, §1101.104.

(8) DFPS--The Department of Family and Protective Services.

(9) Diminished capacity--Some loss of an individual's ability due to a physical or mental condition to provide food, clothing, or shelter for the individual, to care for the individual's own physical health, or to manage the individual's own financial affairs. An individual referred to the DADS Guardianship Services Program has diminished capacity, but may or may not meet the legal definition of an incapacitated person.

(10) Judicial Branch Certification Commission--The commission established under Texas Government Code, Chapter 152.

(11) Person-directed planning--A process that empowers an individual and the legally authorized representative (LAR) on the individual's behalf to direct the development of a service plan for a ward that meets the individual's personal outcomes. The service plan must identify existing supports and services necessary to achieve the individual's outcomes, identify natural supports available to the individual and negotiate needed service system supports, occur with the support of a group of people chosen by the individual and the guardian as LAR on the individual's behalf, and accommodate the individual's style of interaction and preferences regarding time and setting.

(12) Quality assurance plan--A written plan that describes a contractor's system of self-monitoring to ensure consistency and quality of care provided to a ward and ensure compliance with the Texas Estates Code, other requirements imposed by the courts, and other program policies, rules, and standards.

(13) Reporter--A person who makes a referral to DFPS staff about a situation of alleged abuse, neglect, or exploitation of an elderly person or adult with a disability.

(14) Service plan--A plan of care for a ward that ensures appropriate habilitation and rehabilitation services, including therapy, counseling, education, and training to the extent permitted by the ward's estate.

Source Note: The provisions of this §361.3 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