SECTION 361.79. Responsibilities of the Guardian of the Person

(a) A contractor, rather than the contractor's employee or volunteer, is appointed by the court as guardian. A contractor must assign a primary case manager who meets the requirements described in §10.311(a)(2) of this subchapter, to each ward served under its contract with DADS. To ensure the ability to respond in a timely fashion in the event of an emergency, a contractor must assign back-up staff for when the primary case manager is unavailable.

(b) If a contractor is appointed guardian of the person, the contractor must manage the ward's person according to the order appointing guardian of the person. This responsibility may include:

(1) having physical possession of the ward;

(2) caring for, supervising, and protecting the ward;

(3) providing food, clothing, and shelter to the extent permitted by the ward's estate or government benefits;

(4) consenting to medical, surgical, and psychiatric care, except for in-patient psychiatric commitment;

(5) developing an annual service plan that ensures appropriate habilitation and rehabilitation services, including therapy, counseling, education, and training to the extent permitted by the ward's estate;

(6) encouraging the ward to participate in the development of the service plan to the extent that the ward is capable;

(7) building an adequate support system for the ward, including family, friends, and other appropriate collaterals;

(8) ensuring monthly status contacts with the ward as described in subsection (d) of this section;

(9) consulting with service providers periodically;

(10) documenting case actions in files maintained for each ward; and

(11) complying with all of the requirements of Texas Estates Code, Title 3, regarding guardianship of the person.

(c) A contractor arranges care and services for the ward based on the identified needs of the ward to enhance the ward's quality of life. The contractor ensures that the ward has access to basic care and services, including:

(1) a safe, clean environment;

(2) assistance in performing basic life functions;

(3) regular, nutritious meals;

(4) any needed medical, psychiatric, habilitative, or other services; and

(5) adequate supervision.

(d) The contractor must have a face-to-face contact at least once a month with each ward served through the contract with DADS. To the extent possible, the primary case manager makes the monthly contacts. If the primary case manager is unable to make a monthly contact, the contact must be made by another certified guardian. If the ward's place of residence prevents face-to-face contact (for example, incarceration in a correctional facility), the contractor may substitute a phone contact with the ward or, if phone contact is not possible with the ward, with a person knowledgeable of the ward's current condition (for example a jailer, an attorney, a judge, a probation or parole officer, or a medical doctor). The case manager or other certified guardian must document the monthly contacts in the ward's file.

Source Note: The provisions of this §361.79 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