Part 15.
TEXAS HEALTH AND HUMAN SERVICES
Chapter 381.
GUARDIANSHIP SERVICES
The Health and Human Services Commission (HHSC) proposes amendments
to §§381.1, 381.2, 381.101, 381.102, 381.202, and 381.205 of Chapter
381, relating to guardianship services. The chapter was originally promulgated
by HHSC in 1998 to implement the requirements of Chapter 531, Subchapter D,
Government Code. This subchapter was amended by H.B. 2641 and H.B. 3630, 76th
Leg.
Article 5 of H.B. 2641 changes the composition of the Guardianship Advisory
Board established within HHSC by Section 531.122, Government Code, and assigns
additional duties to the Guardianship Advisory Board to include development
of a proposal for a statewide guardianship program, review of pertinent policies
of health and human services agencies, recommendations of changes to such
policies, preparation of an annual report, and annual review of minimum guardianship
standards and any statewide guardianship plan implemented by HHSC. H.B. 3630
modifies HHSC's authority to award grants for local guardianship purposes.
The proposed rule amendment implements these changes.
Don Green, Chief Financial Officer, has determined that for each year during
the first five-year period that the rules will be in effect, there will be
no net fiscal implications for state or local government as a result of enforcing
or administering these rules. As the operation of the Guardianship Advisory
Board and the award of grants for the establishment of local volunteer guardianship
programs are subject to prior appropriation of funds by the Texas Legislature
and are administered by existing staff of HHSC, there will be no impact on
employment in the counties where the program is implemented. There will be
no adverse effect on small or large businesses. There will be no costs to
small businesses or persons complying with the rules as proposed. There will
be no adverse economic effect on small businesses.
Mr. Green has also determined that for each year of the five years the
amendment is in effect, the public benefits anticipated as a result of adoption
of the proposed rules are increased availability of guardianship services
to incapacitated persons and establishment or enhancement of local guardianship
programs. There will be no effect on small businesses or micro-businesses,
because they are not required to comply with the rule. There is no anticipated
economic costs to persons who are required to comply with the rule other than
costs associated with the development of proposals by entities that apply
for grants. There is no impact on local employment.
Comments on the proposed amendments of the rule may be submitted to Kathleen
Anderson, Director, Texas Guardianship Alliance, Health and Human Services
Commission, 4900 North Lamar Boulevard, Fourth Floor, Austin, Texas 78751,
(512) 424-6599. Comments will be accepted for 30 days following the publication
of the proposed rules in the
Texas Register
.
Subchapter A. PURPOSE AND DEFINITION
1 TAC §381.1, §381.2
The amendments are proposed under the Government Code, §531.033,
which authorizes HHSC to adopt rules necessary to carry out its statutory
duties, and §531.125, which authorizes HHSC to adopt rules for the award
of grants to local guardianship programs.
The proposed amendments affect Government Code, §531.122, §531.1235, §531.124, §531.125,
which provide HHSC with the authority to appoint a guardianship advisory board,
prescribe the duties of the guardianship advisory board and HHSC, and authorize
HHSC to adopt rules necessary to award grants to local guardianship programs.
§381.1.Purpose.
This chapter implements Government Code chapter 531, subchapter D,
which establishes a guardianship advisory board within the Health and Human
Services Commission (HHSC), requires HHSC to adopt minimum standards for the
delivery of guardianship and related services, directs HHSC to develop and,
subject to appropriations, implement a plan to ensure that incapacitated persons
who need guardianship services receive necessary and appropriate assistance,
and authorizes HHSC to award grants to local guardianship
programs and
local legal guardianship programs
[
§381.2.Definitions.
The following definitions are used throughout this chapter:
(1)
Alliance Director--The individual appointed by HHSC whose
duties include serving as executive officer of the Guardianship Alliance of
Texas, coordinator for the Guardianship Advisory Board, and liaison between
the Guardianship Advisory Board and HHSC.
(2)
Guardian--A person, corporation or guardianship program
is appointed guardian of an incapacitated person under section 693, Probate
Code, or a temporary or successor guardian. Except as expressly provided otherwise,
"guardian" includes the guardian of the estate and the guardian of the person
of an incapacitated person.
(3)
Guardianship--The legal process by which a court appoints
a guardian to make housing, medical and/or financial decisions for an incapacitated
person.
(4)
Guardianship Advisory Board--The
15
[
(5)
Guardianship Alliance of Texas--The title selected
by HHSC with the advice of the Guardianship Advisory Board for the plan to
ensure that each incapacitated individual in Texas who needs a guardianship
or a less restrictive type of assistance to make decisions concerning the
incapacitated person's own welfare and financial affairs receives that assistance.
(6)
Incapacitated person--
(A)
a minor;
(B)
an adult individual who, because of a physical or mental
condition, is substantially unable to provide food, clothing, or shelter for
himself or herself, to care for the individual's own physical health, or to
manage the individual's own financial affairs;
or
(C)
a person who must have a guardian appointed
to receive funds due the person from any governmental source.
[
[
(7)
Local guardianship center--An entity in the state
that provides guardianship and related services to an incapacitated person
or other person who needs assistance in making decisions concerning the person's
own welfare or financial affairs.
(8)
Local [
(9)
Statutory probate court--A statutory court whose jurisdiction
is limited by statute to the general jurisdiction of a probate court and a
court whose statutorily designated name contains the word "probate." County
courts at law exercising probate jurisdiction are not statutory probate courts
under this chapter unless the statutorily designated name of the county courts
at law includes the word "probate."
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 7, 2000.
TRD-200001719
Marina S. Henderson
Executive Deputy Commissioner
Texas Heath and Human Services Commission
Earliest possible date of adoption: April 23, 2000
For further information, please call: (512) 424-6576
centers to establish local volunteer
guardianship programs
].
eleven-
] member advisory group established pursuant to section 531.122,
Government Code, to advise HHSC regarding the implementation of chapter 531,
subchapter D, Government Code.
(C)
a missing person; or
]
(D)
a person who must have a guardian appointed
to receive funds due the person from any governmental source.
]
volunteer
] guardianship program--Any
local, county or regional program in this state that
provides
[
uses volunteers to provide
] guardianship and related services to an
incapacitated person or other person who needs assistance in making decisions
concerning the person's own welfare or financial affairs.
Subchapter B. GUARDIANSHIP ADVISORY BOARD