| 1 | 1 | | 86R13781 CLG-D |
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| 2 | 2 | | By: Meza H.B. No. 3572 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to referrals by the Department of Family and Protective |
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| 8 | 8 | | Services to probate courts concerning allegedly incapacitated |
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| 9 | 9 | | persons. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 48.209, Human Resources Code, is amended |
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| 12 | 12 | | by amending Subsection (d) and adding Subsections (d-1) and (d-2) |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | (d) Subject to Subsection (d-1), this [Nothing in this] |
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| 15 | 15 | | section does not [shall] prohibit the department from also making a |
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| 16 | 16 | | referral of an individual to a court having probate jurisdiction in |
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| 17 | 17 | | the county where the individual is domiciled or found, if the court |
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| 18 | 18 | | has requested the department to notify the court of any individuals |
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| 19 | 19 | | who may be appropriate for a court-initiated guardianship |
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| 20 | 20 | | proceeding under Chapter 1102, Estates Code. |
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| 21 | 21 | | (d-1) Before [In] making a referral under Subsection (d), |
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| 22 | 22 | | the department shall investigate the conditions and circumstances |
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| 23 | 23 | | of an individual described by Subsection (a)(2) to determine |
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| 24 | 24 | | whether a referral to the probate court is appropriate or whether an |
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| 25 | 25 | | alternative to guardianship, as defined by Section 1002.0015, |
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| 26 | 26 | | Estates Code, is available and more appropriate for the individual. |
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| 27 | 27 | | On completion of the investigation, the department shall prepare a |
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| 28 | 28 | | report that: |
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| 29 | 29 | | (1) states each of the alternatives to guardianship |
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| 30 | 30 | | considered by the department, if any; and |
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| 31 | 31 | | (2) if alternatives to guardianship were considered |
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| 32 | 32 | | and determined to be available, includes a recommendation as to |
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| 33 | 33 | | which of those alternatives is the most appropriate for the |
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| 34 | 34 | | individual. |
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| 35 | 35 | | (d-2) If after completion of an investigation under |
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| 36 | 36 | | Subsection (d-1) the department refers an individual to a probate |
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| 37 | 37 | | court described by Subsection (d), the department shall provide a |
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| 38 | 38 | | copy of the report prepared under Subsection (d-1) to the court. To |
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| 39 | 39 | | the extent allowed by law, the court may use any relevant |
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| 40 | 40 | | information included in the report in a court-initiated |
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| 41 | 41 | | investigation or hearing to determine whether a guardianship is |
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| 42 | 42 | | necessary for the individual. If [this subsection and if] requested |
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| 43 | 43 | | by the court, the department shall, to the extent allowed by law, |
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| 44 | 44 | | provide the court with all other relevant information in the |
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| 45 | 45 | | department's records relating to the individual. [The court, as |
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| 46 | 46 | | part of this process, may not require the department to: |
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| 47 | 47 | | [(1) perform the duties of a guardian ad litem or court |
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| 48 | 48 | | investigator as prescribed by Chapter 1102, Estates Code; or |
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| 49 | 49 | | [(2) gather additional information not contained in |
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| 50 | 50 | | the department's records.] |
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| 51 | 51 | | SECTION 2. This Act takes effect September 1, 2019. |
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