SECTION 361.83. Service Plans for Wards

(a) A contractor must develop and update at least annually a service plan for each ward for which it is appointed as guardian of the person. The service plan establishes a structured and systematic approach for delivery of services to a ward that maximizes quality of care, quality of life, and overall functioning of the ward.

(b) A contractor must develop the initial service plan within three months after taking and filing the oath of guardianship and must update the service plan annually by the due date of the annual report required by the court.

(c) A contractor may develop its own format for the service plan or may use a format provided by DADS. The service plan must include at least the following information:

(1) a brief description of the current status of the ward;

(2) a description of the needs of the ward in each of the following areas:

(A) living arrangements and basic care;

(B) medical, dental, vision, mental health, and intellectual disability services;

(C) family, social, and recreational needs;

(D) financial and legal services; and

(E) diet and clothing preferences;

(3) the plan or strategy for meeting the needs of the ward in the areas listed in paragraph (2) of this subsection; and

(4) actions taken to date to accomplish the plan.

(d) A service plan must be developed using the principles of person-directed planning and be developed in a culturally competent manner, to meet the ward's needs within the ward's cultural context. Resources such as family systems, natural helping networks, formal institutions within the ward's community, churches, and social organizations are used to resolve the ward's problems whenever possible and appropriate.

(e) A contractor must ensure that services are provided by persons who can adequately communicate with the ward. The contractor may facilitate communication by using a translator or by other means if the contractor's employees do not speak the ward's language. A non-English speaking ward and the ward's family who attempt to communicate in English may require accommodation. Whenever possible, the contractor must offer the ward the option of communicating in the ward's preferred language, even if the ward can communicate adequately in English.

(f) Whenever possible the ward's diet and clothing must reflect cultural preferences.

(g) The service plan for the religious needs of the ward must reflect any lifelong pattern of religious affiliation. Funeral planning for the ward must reflect the cultural and religious values of the ward and the ward's family whenever possible.

Source Note: The provisions of this §361.83 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