(a) The purpose of the DADS Guardianship Services Program is to accept referrals for individuals from DFPS as defined in Texas Human Resources Code, §48.209; assess the individuals for capacity; apply for guardianship if determined appropriate; and serve as guardians who promote and enhance the well-being, dignity, and personal preferences of the individuals to the extent possible for as long as DADS serves as guardian. An individual referred by DFPS must have been found to be in a state of abuse, neglect, or exploitation.
(b) DFPS makes a referral directly to the DADS Guardianship Services Program, or, if requested by the court with probate jurisdiction for the county in which an individual being referred resides, DFPS may also make a referral to the court in addition to the referral to the DADS Guardianship Services Program.
(c) The DADS Guardianship Services Program files an application to be appointed as guardian or otherwise agrees to be appointed as guardian if the DADS Guardianship Services Program determines that:
  (1) DFPS found the individual to be in a state of abuse, neglect, or exploitation or the individual is a minor in the conservatorship of DFPS;
  (2) there is no less restrictive alternative to guardianship;
  (3) there is no other willing, able, and suitable person or program to serve as guardian;
  (4) the individual is eligible for the DADS Guardianship Services Program; and
  (5) the court finds the individual is an incapacitated person as defined in Texas Estates Code, §1002.017 and makes all other findings required by Texas Estates Code, §1101.101.
(d) As provided by Texas Human Resources Code, §161.101(d), a court may not appoint DADS as permanent guardian unless DADS files an application with a court with probate jurisdiction or otherwise agrees to be appointed as permanent guardian.
(e) The DADS Guardianship Services Program complies with the requirements of Texas Estates Code, Title 3 in performing its responsibilities as guardian of its wards.

Source Note: The provisions of this §361.1 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