SECTION 361.53. Eligibility To Be a Guardianship Contractor

(a) To be eligible to apply for a guardianship contract with DADS, an agency must meet the definition of a guardianship program in Texas Estates Code, §1002.016.

(b) An agency must agree to comply with the minimum standards for guardianship services established by the Judicial Branch Certification Commission under Texas Government Code, §155.101.

(c) An agency must agree to comply with the certification requirements of the Judicial Branch Certification Commission as authorized in Texas Government Code, §155.102 for all individuals who will provide guardianship services to a ward of the program on behalf of DADS.

(d) An agency must agree to terminate an employee who commits an action that results in the agency being removed as guardian by the courts. If the agency fails to take action against an employee or has demonstrated a pattern of activity resulting in removal as guardian by the courts within the previous five years, the agency may become ineligible to contract with the DADS Guardianship Services Program.

(e) If an agency is held in contempt, fined, surcharged, removed as guardian, or found not suitable to serve as guardian by the courts, the DADS Guardianship Services Program may consider these actions in determining present and future eligibility and the agency may become ineligible to contract with the DADS Guardianship Services Program.

Source Note: The provisions of this §361.53 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