Texas House Bill HB1921

Texas 2015 - 84th Regular

Caption

Relating to requiring criminal history record information concerning a family member being proposed to serve as a guardian of a ward or proposed ward.

Impact

The legislation is poised to enhance the oversight in guardianship cases, particularly by mandating that courts utilize the criminal history information while deciding on the appointment or removal of guardians. By doing so, it aims to create a more structured and reliable process for guardianship appointments. The bill could, therefore, lead to increased confidence in guardianship decisions and safeguard the rights of those in vulnerable positions, ensuring that they are placed in the care of appropriate individuals.

Summary

House Bill 1921 proposes amendments to the Texas Estates Code with the objective of requiring background checks for individuals considered to serve as guardians for a ward. The bill stipulates that criminal history record information must be obtained for various categories of guardians, primarily focusing on provisions that aim to protect the interests and welfare of vulnerable adults or minors by ensuring that potential guardians do not have concerning criminal backgrounds. This measure reflects a growing recognition of the importance of accountability and safety in guardianship arrangements.

Contention

While the intent of HB1921 is largely to ensure safety and accountability in guardianship decisions, there may be points of contention regarding privacy and the implications of requiring such background checks. Critics might argue about the fairness of disqualifying potential guardians based on past offenses, especially if they argue such offenses do not relate to the abilities needed to fulfill guardianship responsibilities. Additionally, concerns might surface around the interpretation and use of the background information, particularly regarding how it could impact family members eligible for guardianship.