By Hilderbran H.B. No. 2238
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of protective services to persons who are
1-3 elderly or disabled.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading of Chapter 48, Human Resources Code,
1-6 is amended to read as follows:
1-7 CHAPTER 48. PROTECTIVE SERVICES FOR <THE> ELDERLY
1-8 AND DISABLED PERSONS
1-9 SECTION 2. Section 48.001, Human Resources Code, is amended
1-10 to read as follows:
1-11 Sec. 48.001. PURPOSE. The purpose of this chapter is to
1-12 provide for the authority <right><or mental anguish or the wilful deprivation by a
2-8 caretaker or one's self of goods or services which are necessary to
2-9 avoid physical harm, mental anguish, or mental illness>.
2-10 (3) "Exploitation" means the illegal or improper act
2-11 or process of a caretaker, family member, or other individual who
2-12 has an ongoing relationship with the elderly or disabled person
2-13 using the resources of an elderly or disabled person for monetary
2-14 or personal benefit, profit, or gain without the informed consent
2-15 of the elderly or disabled person.
2-16 (4) "Neglect" means the failure to provide for one's
2-17 self the goods or services, including medical services, which are
2-18 necessary to avoid physical or emotional harm or pain<, mental
2-19 anguish, or mental illness> or the failure of a caretaker to
2-20 provide such goods or services.
2-21 (5) "Protective services" means the services furnished
2-22 by the department or by a protective services agency to an elderly
2-23 or disabled person who has been determined to be in a state of
2-24 abuse, exploitation, or neglect. These services may include social
2-25 casework, case management, and arranging for psychiatric and health
3-1 evaluation, home care, day care, <legal assistance,> social
3-2 services, health care, and other services consistent with this
3-3 chapter.
3-4 (6) "Protective services agency" means a public or
3-5 private agency, corporation, board, or organization that provides
3-6 protective services to elderly or disabled persons in the state of
3-7 abuse, exploitation, or neglect.
3-8 (7) "Department" means the Department of Protective
3-9 and Regulatory <Human> Services.
3-10 (8) "Disabled person" means a person with a mental,
3-11 physical, or developmental disability that substantially impairs
3-12 the person's ability to provide adequately for the person's care or
3-13 protection and who is:
3-14 (A) 18 years of age or older; or
3-15 (B) under 18 years of age and who has had the
3-16 disabilities of minority removed.
3-17 (9) "Legal holiday" means a state holiday listed in
3-18 Subchapter B, Chapter 662, Government Code <Article 4591, Revised
3-19 Statutes>, or an officially declared county holiday.
3-20 SECTION 4. Subchapter B, Chapter 48, Human Resources Code,
3-21 is amended by amending Section 48.021 and adding Section 48.0215 to
3-22 read as follows:
3-23 Sec. 48.021. PROVISION OF SERVICES. (a) The department may
3-24 provide direct protective services or contract with protective
3-25 services agencies for the provisions of those services.
4-1 (b) The department shall use existing resources and services
4-2 of public and private agencies in providing protective services.
4-3 (c) The department and <shall cooperate with the
4-4 appropriate> law enforcement officials, courts, and agencies shall
4-5 cooperate when providing protective services.
4-6 (d) The responsibilities set forth in this Act shall be
4-7 exclusive of those designated to other state or federal agencies
4-8 authorized or required by law to provide protective services to
4-9 elderly or disabled persons determined to be in the state of abuse,
4-10 exploitation, or neglect.
4-11 Sec. 48.0215. GUARDIANSHIPS. (a) <(e)> The department
4-12 shall file an application under Chapter XIII, <Section 110A or
4-13 131(b) of the> Texas Probate Code, to be appointed guardian of the
4-14 person and estate of an individual who is a minor, is a conservatee
4-15 of the department, and, because of a physical or mental condition,
4-16 will be substantially unable to provide food, clothing, or shelter
4-17 for himself or herself, to care for the individual's own physical
4-18 health, or to manage the individual's own financial affairs when
4-19 the individual becomes an adult.
4-20 (b) As a last resort, the department may apply to be
4-21 appointed guardian of the person or estate of an elderly or
4-22 disabled person who, because of a physical or mental condition,
4-23 will be substantially unable to provide food, clothing, or shelter
4-24 for himself or herself, to care for the individual's own physical
4-25 health, or to manage the individual's own financial affairs. A
5-1 representative of the department shall take the oath required by
5-2 the Texas Probate Code on behalf of the department if the
5-3 department is appointed guardian. If the department knows that an
5-4 individual is willing and able to serve as the guardian, the
5-5 department may inform the court of that individual's willingness
5-6 and ability.
5-7 (c) If appropriate, the department may contract with a
5-8 political subdivision of this state, a private agency, or another
5-9 state agency for the provision of guardianship services under this
5-10 section. The department or a political subdivision of the state or
5-11 state agency with which the department contracts under this section
5-12 is not required to post a bond or pay any cost or fee otherwise
5-13 required by the Texas Probate Code.
5-14 (d) If the department is appointed guardian, the department
5-15 is not liable for funding services provided to the department's
5-16 ward, including long-term care or burial expenses.
5-17 SECTION 5. The heading to Subchapter C, Chapter 48, Human
5-18 Resources Code, is amended to read as follows:
5-19 SUBCHAPTER C. DEPARTMENT INVESTIGATION OF REPORTS OF SUSPECTED
5-20 ABUSE, EXPLOITATION, OR NEGLECT
5-21 SECTION 6. Section 48.036(a), Human Resources Code, is
5-22 amended to read as follows:
5-23 (a) Except as prescribed by Section 48.082 <Subsection (c)
5-24 of this section>, a person having reasonable cause to believe that
5-25 an elderly or disabled person is in the state of abuse,
6-1 exploitation, or neglect shall report the information to the
6-2 department.
6-3 SECTION 7. Section 48.0361(a), Human Resources Code, is
6-4 amended to read as follows:
6-5 (a) A person commits an offense if the person has cause to
6-6 believe that an elderly or disabled person has been abused,
6-7 exploited, or neglected or is in the state of abuse, exploitation,
6-8 or neglect and knowingly fails to report in accordance with Section
6-9 48.036 or Subchapter E <of this code>. An offense under this
6-10 subsection is a Class B misdemeanor.
6-11 SECTION 8. Section 48.037, Human Resources Code, is amended
6-12 to read as follows:
6-13 Sec. 48.037. ACTION ON REPORT. (a) Not later than 24 hours
6-14 after the department receives <upon receipt of> a report of
6-15 suspected need for protective services under Section 48.036 or
6-16 48.081, the department <or state agency, as appropriate,> shall
6-17 initiate a prompt and thorough investigation as needed to evaluate
6-18 the accuracy of the report and to assess the need for protective
6-19 services <determine whether the elderly or disabled person is in
6-20 need of protective services>, unless the department <or state
6-21 agency, as appropriate,> determines that the report:
6-22 (1) is frivolous or patently without a factual basis;
6-23 or
6-24 (2) does not concern abuse, neglect, or exploitation,
6-25 as those terms are defined by Section 48.002.
7-1 (b) The department by rule may adopt a system for assigning
7-2 priorities to investigations based on the severity and immediacy of
7-3 the alleged harm to the individual who is the subject of the report
7-4 <Each state agency that operates, licenses, certifies, or registers
7-5 a facility in which elderly or disabled persons are located shall
7-6 adopt rules relating to the investigation and resolution of reports
7-7 received under Section 48.036 of this code. The department shall
7-8 review and approve such rules to assure that all agencies implement
7-9 appropriate standards for the conduct of investigations and that
7-10 uniformity exists among agencies in the investigation and
7-11 resolution of reports>.
7-12 SECTION 9. Sections 48.038(a), (b), (d), (e), and (f), Human
7-13 Resources Code, are amended to read as follows:
7-14 (a) In an investigation the department or state agency, as
7-15 appropriate, shall determine:
7-16 (1) whether the person needs protective services from
7-17 the department;
7-18 (2) what services are needed;
7-19 (3) whether services are available from the
7-20 department, state agency, or in the community and how they can be
7-21 provided;
7-22 (4) whether the person would be capable of obtaining
7-23 services for himself and could bear the cost or would be eligible
7-24 for services from the department or state agency;
7-25 (5) whether a caretaker would be willing to provide
8-1 services or would agree to their provisions;
8-2 (6) whether the elderly or disabled person desires the
8-3 services; and
8-4 (7) other pertinent data.
8-5 (b) An investigation by the department or a state agency
8-6 shall include an interview with the elderly or disabled person, if
8-7 appropriate, and <a visit to the elderly or disabled person's place
8-8 of residence and consultation> with persons thought to have
8-9 knowledge of the circumstances. The investigation may include an
8-10 interview with an alleged juvenile perpetrator of the alleged
8-11 abuse, neglect, or exploitation. The department or state agency
8-12 may conduct an interview under this subsection in private or may
8-13 include any person the department or agency determines is
8-14 necessary.
8-15 (d) A peace officer shall accompany and assist the person
8-16 making a court-ordered <forcible> entry under this section, if in
8-17 the opinion of the court such action is necessary.
8-18 (e) The department shall prepare and keep on file a
8-19 <complete written> report of each investigation conducted by the
8-20 department. <Each state agency shall prepare and keep on file a
8-21 complete written report of each investigation conducted by the
8-22 state agency. Each state agency shall submit a copy of each report
8-23 relating to abuse, exploitation, or neglect that occurred in a
8-24 facility operated by the state agency to the department. The
8-25 report shall include any recommendations that the department shall
9-1 provide protective services and shall be forwarded to the
9-2 department within 24 hours of the state agency's determination that
9-3 protective services are needed.>
9-4 (f) If the department's investigation reveals that the
9-5 elderly or disabled person has been <physically> abused by another
9-6 person in a manner that constitutes a criminal offense under any
9-7 law, including Section 22.04, Penal Code, a copy of the <report of
9-8 the> investigation shall be submitted to the appropriate law
9-9 enforcement agency.
9-10 SECTION 10. Sections 48.0385 and 48.039, Human Resources
9-11 Code, are amended to read as follows:
9-12 Sec. 48.0385. ACCESS TO RECORDS OR DOCUMENTS. (a) The
9-13 department or state agency, as appropriate, shall have access to
9-14 any records or documents, including client-identifying
9-15 information<,> and medical and psychological records, necessary to
9-16 the performance of the department's or state agency's duties
9-17 <required> under this chapter. The duties include but are not
9-18 limited to the investigation of abuse, exploitation, or neglect and
9-19 the provisions of services to an elderly or disabled person. A
9-20 person or agency that has a record or document that the department
9-21 or state agency needs to perform its duties under this chapter
9-22 shall, without unnecessary delay, make the record or document
9-23 available to the department or agency.
9-24 (b) If the department or another state agency cannot obtain
9-25 access to a record or document that is necessary to properly
10-1 conduct an investigation or to perform another duty under this
10-2 chapter, the department or agency may petition the probate court or
10-3 the statutory or constitutional county court having probate
10-4 jurisdiction for access to the record or document.
10-5 (c) <(b)> On good cause shown, the court shall order the
10-6 person who denied access to a record or document to allow the
10-7 department or agency to have access under the terms and conditions
10-8 prescribed by the court.
10-9 (d) <(c)> A person is entitled to notice and a hearing on
10-10 the petition.
10-11 (e) <(d)> Access to a confidential record under this section
10-12 does not constitute a waiver of confidentiality.
10-13 Sec. 48.039. IMMUNITY. (a) A person filing a report under
10-14 this chapter<, participating in an investigation required by this
10-15 chapter,> or testifying or otherwise participating in any judicial
10-16 proceeding arising from a petition, report, or investigation is
10-17 immune from civil or criminal liability on account of his or her
10-18 petition, report, testimony, or participation, unless the person
10-19 acted in bad faith or with a malicious purpose.
10-20 (b) A person, including an authorized department volunteer,
10-21 medical personnel, or law enforcement officer, who at the request
10-22 of the department participates in an investigation required by this
10-23 chapter or in an action that results from that investigation is
10-24 immune from civil or criminal liability for any act or omission
10-25 relating to that participation if the person acted in good faith
11-1 and, if applicable, in the course and scope of the person's
11-2 assigned responsibilities or duties.
11-3 (c) In this section, "volunteer" means a person who:
11-4 (1) renders services for or on behalf of the
11-5 department under the supervision of a department employee; and
11-6 (2) does not receive compensation that exceeds the
11-7 authorized expenses the person incurs in rendering those services.
11-8 SECTION 11. Section 48.056, Human Resources Code, is amended
11-9 to read as follows:
11-10 Sec. 48.056. AGENCY POWERS. A protective services agency
11-11 may furnish protective services to an elderly or disabled person
11-12 with the person's consent or, if the person lacks the capacity to
11-13 consent, without that person's consent as provided by this
11-14 chapter.
11-15 SECTION 12. Sections 48.061(b), (c), (d), (e), and (h),
11-16 Human Resources Code, are amended to read as follows:
11-17 (b) If the department determines that an elderly or disabled
11-18 person is suffering from abuse, exploitation, or neglect presenting
11-19 a threat to life or physical safety, that the person lacks capacity
11-20 to consent to receive protective services, and that no consent can
11-21 be obtained, the department may petition the probate or statutory
11-22 or constitutional county court that has probate jurisdiction in the
11-23 county in which the elderly or disabled person resides for an
11-24 emergency order authorizing protective services.
11-25 (c) The petition shall be verified and shall include:
12-1 (1) the name, age, and address of the elderly or
12-2 disabled person who needs protective services;
12-3 (2) <,> the nature of the abuse, exploitation, or
12-4 neglect;
12-5 (3) <,> the services needed;<,> and
12-6 (4) a medical report signed by a physician stating
12-7 that the person is suffering from abuse, exploitation, or neglect
12-8 presenting a threat to life or physical safety and stating that the
12-9 person is physically or mentally incapable of consenting to
12-10 services.
12-11 (d) On finding that there is reasonable cause to believe
12-12 that abuse, exploitation, or neglect presents a threat to life or
12-13 physical safety for the elderly or disabled person and that the
12-14 elderly or disabled person lacks capacity to consent to services,
12-15 the court may:
12-16 (1) order removal of the elderly or disabled person to
12-17 safer surroundings;
12-18 (2) order<, authorize> medical services; <treatment,>
12-19 and
12-20 (3) order other available services necessary to remove
12-21 conditions creating the threat to life or physical safety,
12-22 including the services of law enforcement officers or emergency
12-23 medical services personnel.
12-24 (e) The emergency order expires at the end of 72 hours from
12-25 the time of the order unless the 72-hour period ends on a Saturday,
13-1 Sunday, or legal holiday in which event the order is automatically
13-2 extended to 4 p.m. on the first succeeding business day. An order
13-3 may be renewed for not more than 14 <two> additional days <72-hour
13-4 periods>. A renewal order that ends on a Saturday, Sunday, or legal
13-5 holiday is automatically extended to 4 p.m. on the first succeeding
13-6 business day. The court may modify or terminate the emergency
13-7 order on petition of the department, the incompetent person, or any
13-8 person interested in his welfare.
13-9 (h) If the department cannot obtain an emergency order under
13-10 this section because the court is closed on a Saturday, Sunday, or
13-11 legal holiday or after 5 p.m., or if the department reasonably
13-12 believes that there is an immediate danger to the health or safety
13-13 of the elderly or disabled person and that there is not sufficient
13-14 time to obtain the medical report and the emergency order required
13-15 by this section, the department may remove the elderly or disabled
13-16 person to safer surroundings, authorize medical treatment, or order
13-17 or provide other available services necessary to remove conditions
13-18 creating the threat to life or physical safety. The department
13-19 must obtain an emergency order under this section not later than 4
13-20 p.m. on the first succeeding business day after the date on which
13-21 protective services are provided. If the department does not
13-22 obtain an emergency order, the department shall cease providing
13-23 protective services and, if necessary, make arrangements for the
13-24 immediate return of the person to the place from which the person
13-25 was removed, <of apprehension or> to the person's place of
14-1 residence in the state, or to another <other> suitable place.
14-2 SECTION 13. Chapter 48, Human Resources Code, is amended by
14-3 amending Subchapter E and adding Subchapter F to read as follows:
14-4 SUBCHAPTER E. INVESTIGATIONS IN CERTAIN FACILITIES
14-5 Sec. 48.081. INVESTIGATION OF REPORTS IN MHMR FACILITIES.
14-6 (a) The department shall receive and investigate reports of the
14-7 abuse, neglect, or exploitation of an individual receiving services
14-8 in a facility:
14-9 (1) operated or regulated by the Texas Department of
14-10 Mental Health and Mental Retardation; or
14-11 (2) providing services under a contract with the Texas
14-12 Department of Mental Health and Mental Retardation.
14-13 (b) The department and the Texas Department of Mental Health
14-14 and Mental Retardation shall develop joint rules to facilitate
14-15 investigations.
14-16 (c) The department shall forward to the facility in which
14-17 alleged or suspected abuse, neglect, or exploitation occurs a copy
14-18 of:
14-19 (1) any report the department receives relating to
14-20 alleged or suspected abuse, neglect, or exploitation of an
14-21 individual receiving services from that facility; and
14-22 (2) the department's investigation findings.
14-23 (d) The department shall refer a complaint relating to an
14-24 investigation conducted by the department under this section to the
14-25 department's ombudsman office for appropriate action.
15-1 (e) If the department's investigation under this section
15-2 reveals that an elderly or disabled person has been abused by
15-3 another person in a manner that constitutes a criminal offense
15-4 under any law, including Section 22.04, Penal Code, a copy of the
15-5 investigation shall be submitted to the appropriate law enforcement
15-6 agency.
15-7 Sec. 48.082. INVESTIGATION OF REPORTS IN OTHER STATE
15-8 FACILITIES. (a) If a person has reasonable cause to believe that
15-9 an elderly or disabled person has been abused, exploited, or
15-10 neglected in a facility operated, licensed, certified, or
15-11 registered by a state agency other than the Texas Department of
15-12 Mental Health and Mental Retardation, the person shall report the
15-13 information to the state agency that operates, licenses, certifies,
15-14 or registers the facility for investigation by that agency.
15-15 (b) If the department receives a report under this section
15-16 relating to an elderly or disabled person in a facility operated,
15-17 licensed, certified, or registered by a state agency other than the
15-18 Texas Department of Mental Health and Mental Retardation, the
15-19 department shall refer the report to that agency.
15-20 (c) A state agency that receives a report under this section
15-21 shall make a thorough investigation promptly after receiving a
15-22 report that an elderly or disabled person has been or may be
15-23 abused, exploited, or neglected in a facility operated, licensed,
15-24 certified, or registered by the agency. The primary purpose of the
15-25 investigation is the protection of the elderly or disabled person.
16-1 (d) The state agency shall prepare and keep on file a
16-2 complete written report of each investigation conducted by the
16-3 state agency under this section.
16-4 (e) If the state agency's investigation under this section
16-5 reveals that an elderly or disabled person has been abused by
16-6 another person in a manner that constitutes a criminal offense
16-7 under any law, including Section 22.04, Penal Code, a copy of the
16-8 investigation shall be submitted to the appropriate law enforcement
16-9 agency.
16-10 (f) A state agency that receives a complaint relating to an
16-11 investigation conducted under this section shall refer the
16-12 complaint to its governing board or other entity designated to
16-13 receive such complaints for review and appropriate action.
16-14 Sec. 48.083. RULES. (a) Each state agency, other than the
16-15 Texas Department of Mental Health and Mental Retardation, that
16-16 operates, licenses, certifies, or registers a facility in which
16-17 elderly or disabled persons are located shall adopt rules relating
16-18 to the investigation and resolution of reports received under
16-19 Section 48.082.
16-20 (b) The Health and Human Services Commission shall review
16-21 and approve the rules to ensure that all agencies implement
16-22 appropriate standards for the conduct of investigations and that
16-23 uniformity exists among agencies in the investigation and
16-24 resolution of reports.
16-25 Sec. 48.084. STATISTICS. (a) Each state agency, other than
17-1 the Texas Department of Mental Health and Mental Retardation, that
17-2 operates, licenses, certifies, or registers a facility in which
17-3 elderly or disabled persons are located shall compile and maintain
17-4 statistics on the incidence of abuse, neglect, or exploitation of
17-5 elderly or disabled persons that occurs in the facilities.
17-6 (b) The agency shall make the statistics available to the
17-7 Health and Human Services Commission on request.
17-8 Sec. 48.085. INVESTIGATIONS IN NURSING HOMES AND SIMILAR
17-9 FACILITIES. (a) This subchapter does not apply if the alleged or
17-10 suspected abuse, neglect, or exploitation occurs in a facility
17-11 licensed under Chapter 242, Health and Safety Code.
17-12 (b) Alleged or suspected abuse, neglect, or exploitation
17-13 that occurs in a facility licensed under Chapter 242, Health and
17-14 Safety Code, is governed by Subchapter B, Chapter 242, Health and
17-15 Safety Code.
17-16 (Sections 48.086-48.100 reserved for expansion
17-17 SUBCHAPTER F. MISCELLANEOUS PROVISIONS
17-18 Sec. 48.101 <48.083>. CONFIDENTIALITY AND DISCLOSURE OF
17-19 INFORMATION; AGENCY EXCHANGE OF INFORMATION <RECORDS>. (a) The
17-20 following information is confidential and not subject to disclosure
17-21 under Chapter 552, Government Code:
17-22 (1) a report of abuse, neglect, or exploitation made
17-23 under this chapter;
17-24 (2) the identity of the person making the report; and
17-25 (3) except as provided by this section, all files,
18-1 reports, records, communications, and working papers used or
18-2 developed in an investigation made under this chapter or in
18-3 providing services as a result of an investigation.
18-4 (b) Confidential information may be disclosed only for a
18-5 purpose consistent with this chapter and as provided by department
18-6 rule and applicable federal law.
18-7 (c) A court may order disclosure of confidential information
18-8 only if:
18-9 (1) a motion is filed with the court requesting
18-10 release of the information and a hearing on that request;
18-11 (2) notice of that hearing is served on the department
18-12 and each interested party; and
18-13 (3) the court determines after the hearing and an in
18-14 camera review of the information that disclosure is essential to
18-15 the administration of justice and will not endanger the life or
18-16 safety of any individual who:
18-17 (A) is the subject of a report of abuse,
18-18 neglect, or exploitation;
18-19 (B) makes a report of abuse, neglect, or
18-20 exploitation; or
18-21 (C) participates in an investigation of reported
18-22 abuse, neglect, or exploitation.
18-23 (d) The department by rule shall provide for the release on
18-24 request to a person who is the subject of a report of abuse,
18-25 neglect, or exploitation or to that person's legal representative
19-1 of otherwise confidential information relating to that report. The
19-2 department shall edit the information before release to protect the
19-3 confidentiality of information relating to the reporter's identity
19-4 and to protect any other individual whose safety or welfare may be
19-5 endangered by disclosure.
19-6 (e) The department may adopt rules relating to the release
19-7 of information contained in the record of a deceased individual to
19-8 whom the department has provided protective services. The rules
19-9 must be consistent with the purposes of this chapter and any
19-10 applicable state or federal law.
19-11 (f) The department may establish procedures to exchange with
19-12 another state agency or governmental entity information that is
19-13 necessary for the department or the agency or entity to properly
19-14 execute its respective duties and responsibilities to provide
19-15 services to elderly or disabled persons under this chapter or other
19-16 law. An exchange of information under this subsection does not
19-17 affect whether the information is subject to disclosure under
19-18 Chapter 552, Government Code. <The records of the department or
19-19 other agency pertaining to an elderly or disabled person who is
19-20 protected under this chapter or for whom an application for
19-21 protection has been made are not open to public inspection.
19-22 Information contained in the records may not be disclosed publicly
19-23 in a manner that will identify an individual, but the records shall
19-24 be available on application for cause to persons approved by the
19-25 court having jurisdiction of the case under Chapter V, Texas
20-1 Probate Code.>
20-2 Sec. 48.102 <48.084>. OBJECTION TO MEDICAL TREATMENT. This
20-3 chapter does not authorize or require any medical treatment of a
20-4 person who objects on the grounds that he is an adherent or member
20-5 of a recognized church or religious denomination the tenets and
20-6 practice of which may include reliance solely upon spiritual means
20-7 through prayer for healing.
20-8 Sec. 48.103. INTERFERENCE WITH INVESTIGATION OR SERVICES
20-9 PROHIBITED. (a) A person may not interfere with:
20-10 (1) an investigation by the department or by a
20-11 protective services agency of alleged abuse, neglect, or
20-12 exploitation of an elderly or disabled person; or
20-13 (2) the provision of protective services to an elderly
20-14 or disabled person.
20-15 (b) The department or a protective services agency may
20-16 petition the appropriate court to enjoin any interference with:
20-17 (1) an investigation of alleged abuse, neglect, or
20-18 exploitation; or
20-19 (2) the provision of protective services such as
20-20 removal of the elderly or disabled person to safer surroundings or
20-21 safeguarding the person's resources from exploitation.
20-22 Sec. 48.104. STATEWIDE PROTOCOL FOR GUARDIANSHIP PROGRAMS.
20-23 (a) In this section "guardianship program" has the meaning given
20-24 it under Section 601(10), Probate Code.
20-25 (b) The department shall be responsible for developing a
21-1 protocol to be used by guardianship programs in Texas in serving
21-2 the needs of incapacitated persons or others requiring assistance
21-3 in making decisions concerning their own welfare or financial
21-4 affairs.
21-5 (b) The protocol shall address the following matters:
21-6 (1) performance standards to be met by guardianship
21-7 programs;
21-8 (2) possible mechanisms for monitoring the performance
21-9 of guardianship programs in meeting protocol requirements;
21-10 (3) the advisability and feasibility of a process for
21-11 certifying guardianship programs that satisfy performance standards
21-12 and other criteria provided in the protocol and that may seek such
21-13 certification; and
21-14 (4) a training curriculum and pertinent materials,
21-15 including a handbook, that shall be available, upon request and in
21-16 a manner determined by the department, to guardianship programs.
21-17 (c) The department shall complete the development of the
21-18 statewide protocol for guardian programs, together with a training
21-19 curriculum and related materials, by no later than November 15,
21-20 1996.
21-21 SECTION 15. The following provisions of the Human Resources
21-22 Code are repealed:
21-23 (1) Sections 48.036(c)-(f);
21-24 (2) Section 48.041; and
21-25 (3) Section 48.060.
22-1 SECTION 16. This Act takes effect September 1, 1995.
22-2 SECTION 17, The importance of this legislation and the
22-3 crowded condition of the calendars in both houses create an
22-4 emergency and an imperative public necessity that the
22-5 constitutional rule requiring bills to be read on three several
22-6 days in each house be suspended, and this rule is hereby suspended.