Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 361 - GUARDIANSHIP SERVICES › Subchapter A - GENERAL PROVISIONS › Section 361.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(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 Title 40
				  (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.