Texas Estates Code 1104.406 – Department’s Duty to Obtain Criminal History Record Information
(a) The department shall obtain criminal history record information that is maintained by the Department of Public Safety or the Federal Bureau of Investigation identification division relating to each individual who is or will be providing guardianship services to a ward of or referred by the department, including:
(1) an employee of or an applicant selected for an employment position with the department;
(2) a volunteer or an applicant selected to volunteer with the department;
(3) an employee of or an applicant selected for an employment position with a business entity or other person who contracts with the department to provide guardianship services to a ward referred by the department;
(4) a volunteer or an applicant selected to volunteer with a business entity or other person described by Subdivision (3); and
(5) a contractor or an employee of a contractor who provides services to a ward of the Department of Aging and Disability Services under a contract with the estate of the ward.
(b) The department must obtain the information in Subsection (a) before:
(1) making an offer of employment to an applicant for an employment position; or
(2) a volunteer contacts a ward of or referred by the department.
Terms Used In Texas Estates Code 1104.406
- Contract: A legal written agreement that becomes binding when signed.
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
(c) The department must annually obtain the information in Subsection (a) regarding employees, contractors, or volunteers providing guardianship services.