Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

D. Extended Jurisdiction in Guardianship Situation

The court may also extend its jurisdiction on its own motion without the young adult's consent if it believes that a young adult may be incapacitated^[22] and in order to allow DFPS to refer the young adult to the Health and Human Services (HHS) Guardianship Services Program (formerly known as the Department of Aging and Disability Services or DADS) for guardianship services as required by Tex. Hum. Res. Code § 48.209. Tex. Fam. Code § 263.603(a).

However, the court's extended jurisdiction under this section automatically terminates on the earliest of the date (1) HHS Guardianship Services Program determines a guardianship is not appropriate under Tex. Hum. Res. Code Chapter 161; (2) a court with probate jurisdiction denies an application to appoint a guardian; or (3) a guardian is appointed and qualifies under the Texas Estates Code. Tex. Fam. Code § 263.603(b).

If DFPS or HHS Guardianship Services Program determines a guardianship is not appropriate, or the court with probate jurisdiction denies the application to appoint a guardian, the court, under Tex. Fam. Code § 263.603(a), may continue to extend its jurisdiction over the young adult only as provided by Tex. Fam. Code § 263.602 or Tex. Fam. Code § 263.6021. Tex. Fam. Code § 263.603(c).

A young adult for whom a guardian is appointed and qualifies is not considered to be in extended foster care or trial independence and the court's jurisdiction ends on the date the guardian for the young adult is appointed and qualifies, unless the guardian requests the extended jurisdiction of the court under Tex. Fam. Code § 263.604. Tex. Fam. Code § 263.603(d).

A guardian appointed for a young adult may request that the court extend the court's jurisdiction over the young adult. A court that extends its jurisdiction over a young adult for whom a guardian is appointed may not issue an order that conflicts with an order entered by the probate court that has jurisdiction over the guardianship proceeding. Tex. Fam. Code § 263.604.