Bill Text: TX HB3572 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to referrals by the Department of Family and Protective Services to probate courts concerning allegedly incapacitated persons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-18 - Referred to Human Services [HB3572 Detail]
Download: Texas-2019-HB3572-Introduced.html
86R13781 CLG-D | ||
By: Meza | H.B. No. 3572 |
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relating to referrals by the Department of Family and Protective | ||
Services to probate courts concerning allegedly incapacitated | ||
persons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 48.209, Human Resources Code, is amended | ||
by amending Subsection (d) and adding Subsections (d-1) and (d-2) | ||
to read as follows: | ||
(d) Subject to Subsection (d-1), this [ |
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section does not [ |
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referral of an individual to a court having probate jurisdiction in | ||
the county where the individual is domiciled or found, if the court | ||
has requested the department to notify the court of any individuals | ||
who may be appropriate for a court-initiated guardianship | ||
proceeding under Chapter 1102, Estates Code. | ||
(d-1) Before [ |
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the department shall investigate the conditions and circumstances | ||
of an individual described by Subsection (a)(2) to determine | ||
whether a referral to the probate court is appropriate or whether an | ||
alternative to guardianship, as defined by Section 1002.0015, | ||
Estates Code, is available and more appropriate for the individual. | ||
On completion of the investigation, the department shall prepare a | ||
report that: | ||
(1) states each of the alternatives to guardianship | ||
considered by the department, if any; and | ||
(2) if alternatives to guardianship were considered | ||
and determined to be available, includes a recommendation as to | ||
which of those alternatives is the most appropriate for the | ||
individual. | ||
(d-2) If after completion of an investigation under | ||
Subsection (d-1) the department refers an individual to a probate | ||
court described by Subsection (d), the department shall provide a | ||
copy of the report prepared under Subsection (d-1) to the court. To | ||
the extent allowed by law, the court may use any relevant | ||
information included in the report in a court-initiated | ||
investigation or hearing to determine whether a guardianship is | ||
necessary for the individual. If [ |
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by the court, the department shall, to the extent allowed by law, | ||
provide the court with all other relevant information in the | ||
department's records relating to the individual. [ |
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SECTION 2. This Act takes effect September 1, 2019. |