Texas § 161.102 REFERRAL TO GUARDIANSHIP PROGRAM, COURT, OR OTHER PERSON.

Texas Statutes

§ 161.102 — REFERRAL TO GUARDIANSHIP PROGRAM, COURT, OR OTHER PERSON.

Texas § 161.102

Code HRHuman Resources Code

This text of Texas § 161.102 (REFERRAL TO GUARDIANSHIP PROGRAM, COURT, OR OTHER PERSON.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Human Resources Code Code Ann. § 161.102 (2026).

Text

Sec. 161.102. REFERRAL TO GUARDIANSHIP PROGRAM, COURT, OR OTHER PERSON.

(a)If the department becomes aware of a guardianship program, private professional guardian, or other person willing and able to provide the guardianship services that would otherwise be provided by the department to an individual referred to the department by the Department of Family and Protective Services under Section 48.209 , the department shall refer the individual to that person or program for guardianship services.

(b)If requested by a court, the department shall notify the court of any referral made to the department by the Department of Family and Protective Services relating to any individual who is domiciled or found in a county where the requesting court has probate jurisdiction and who may be appropria

Free access — add to your briefcase to read the full text and ask questions with AI

Sec. 161.102. REFERRAL TO GUARDIANSHIP PROGRAM, COURT, OR OTHER PERSON. (a) If the department becomes aware of a guardianship program, private professional guardian, or other person willing and able to provide the guardianship services that would otherwise be provided by the department to an individual referred to the department by the Department of Family and Protective Services under Section 48.209 , the department shall refer the individual to that person or program for guardianship services.
(b) If requested by a court, the department shall notify the court of any referral made to the department by the Department of Family and Protective Services relating to any individual who is domiciled or found in a county where the requesting court has probate jurisdiction and who may be appropriate for a court-initiated guardianship proceeding under Chapter 1102 , Estates Code. In making a referral under this subsection and if requested by the court, the department shall, to the extent allowed by law, provide the court with all relevant information in the department's records relating to the individual. The court, as part of this process, may not require the department to:
(1) perform the duties of a guardian ad litem or court investigator as prescribed by Chapter 1102 , Estates Code; or
(2) gather additional information not contained in the department's records.

Legislative History

Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6 ), Sec. 3.04, eff. September 1, 2005. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 4.457, eff. April 2, 2015.