(a) A contractor must:
  (1) provide an adequate number of qualified employees to meet the needs of wards that DADS refers to the contractor;
  (2) employ case managers who have the following qualifications:
    (A) be at least 21 years of age;
    (B) be a high school graduate or possess the general education development equivalent; and
    (C) have:
      (i) at least two years of relevant work experience related to guardianship; or
      (ii) the following educational or training requirements:
        (I) a minimum of a bachelor's degree conferred by a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board in a field related to guardianship, including but not limited to medical, mental health and intellectual disability, law, business, accounting, social work, sociology, psychology, human services, protective services, and criminal justice fields; or
        (II) completion of a course curriculum or training specifically related to guardianship approved by the Judicial Branch Certification Commission; and
    (D) are certified as a guardian by the Judicial Branch Certification Commission;
  (3) provide an orientation program that explains:
    (A) the responsibilities associated with each new employee's position;
    (B) the responsibilities of the guardianship program to the ward;
    (C) the relationship of the ward to the guardianship program and to DADS;
    (D) an overview of the Texas Estates Code and the program's responsibilities per the code;
    (E) an overview of any rules or regulations that affect the guardianship program;
    (F) an overview of aging and disability; medical issues, including medical treatment and medication; and end-of-life decisions;
    (G) the principles of person-directed planning including consideration of a ward's personal preferences, desires, religious beliefs, and living arrangements; and
    (H) the principle of substituted judgment and the best interest standard for decision-making;
  (4) maintain a copy of the information presented at the orientation for each employee and have signed documentation of attendance at the orientation; and
  (5) provide ongoing training based upon the needs of the ward as described in subsections (b) and (c) of this section and any changes in rules or state law.
(b) Ongoing training as required in subsection (a)(5) of this section must be documented and each participant must sign that the participant attended the training. At a minimum, training must include:
  (1) recognizing and reporting abuse, neglect, and exploitation to the appropriate investigating agency;
  (2) cultural sensitivity and ethics;
  (3) financial management, including budgeting, record keeping, and bill paying;
  (4) case management, including service planning, service delivery, and an overview of guardianship;
  (5) housing and placement alternatives supporting the ward to live in the least restrictive setting appropriate to the ward's needs;
  (6) community resources;
  (7) recognition of the social needs of wards, such as recognition of birthdays, holidays, and the need for contact with family and friends; and
  (8) information regarding alternatives to guardianship, restoration of capacity, and modification of a guardianship.
(c) In addition to the orientation and training specified in subsections (a)(3) and (b) of this section, a contractor must provide training to case managers in the following areas:
  (1) aging and disability, including mental illness, intellectual disability, related conditions, physical disabilities, and other diagnoses that affect the population being served;
  (2) legal issues, including civil commitment of persons with intellectual disability and mental illness, courtroom testimony, protocol, etiquette in the courtroom and other venues, and local court policies and procedures; and
  (3) estate management, including money management alternatives, record keeping, and completion of documents that will be filed with the court.

Source Note: The provisions of this §361.59 adopted to be effective September 1, 2006, 31 TexReg 6797; amended to be effective January 20, 2008, 33 TexReg 432; 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