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A BILL TO BE ENTITLED
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AN ACT
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relating to referrals by the Department of Family and Protective |
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Services to probate courts concerning allegedly incapacitated |
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persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 48.209, Human Resources Code, is amended |
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by amending Subsection (d) and adding Subsections (d-1) and (d-2) |
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to read as follows: |
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(d) Subject to Subsection (d-1), this [Nothing in this] |
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section does not [shall] prohibit the department from also making a |
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referral of an individual to a court having probate jurisdiction in |
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the county where the individual is domiciled or found, if the court |
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has requested the department to notify the court of any individuals |
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who may be appropriate for a court-initiated guardianship |
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proceeding under Chapter 1102, Estates Code. |
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(d-1) Before [In] making a referral under Subsection (d), |
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the department shall investigate the conditions and circumstances |
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of an individual described by Subsection (a)(2) to determine |
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whether a referral to the probate court is appropriate or whether an |
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alternative to guardianship, as defined by Section 1002.0015, |
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Estates Code, is available and more appropriate for the individual. |
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On completion of the investigation, the department shall prepare a |
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report that: |
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(1) states each of the alternatives to guardianship |
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considered by the department, if any; and |
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(2) if alternatives to guardianship were considered |
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and determined to be available, includes a recommendation as to |
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which of those alternatives is the most appropriate for the |
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individual. |
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(d-2) If after completion of an investigation under |
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Subsection (d-1) the department refers an individual to a probate |
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court described by Subsection (d), the department shall provide a |
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copy of the report prepared under Subsection (d-1) to the court. To |
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the extent allowed by law, the court may use any relevant |
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information included in the report in a court-initiated |
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investigation or hearing to determine whether a guardianship is |
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necessary for the individual. If [this subsection and if] requested |
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by the court, the department shall, to the extent allowed by law, |
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provide the court with all other relevant information in the |
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department's records relating to the individual. [The court, as
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part of this process, may not require the department to:
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[(1)
perform the duties of a guardian ad litem or court
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investigator as prescribed by Chapter 1102, Estates Code; or
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[(2)
gather additional information not contained in
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the department's records.] |
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SECTION 2. This Act takes effect September 1, 2019. |