26 Tex. Admin. Code § 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 §
361.59(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.
Notes
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