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Judicial Council Monthly Court Activity Reports - Probate and Mental Health Cases

Judicial Council Monthly Court Activity Reports - Probate and Mental Health Cases. Office of Court Administration February 2013. Reporting Requirements. Texas Judicial Council Sec. 71.035(b), Government Code Clerk must submit monthly report as duty of office Ch. 171, Administrative Code

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Judicial Council Monthly Court Activity Reports - Probate and Mental Health Cases

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  1. Judicial Council Monthly Court Activity Reports -Probate and Mental Health Cases Office of Court Administration February 2013

  2. Reporting Requirements • Texas Judicial Council • Sec. 71.035(b), Government Code • Clerk must submit monthly report as duty of office • Ch. 171, Administrative Code • Report due by 20th of month • Must report online unless have obtained a waiver from OCA

  3. General Rules • If court responsible for probate and mental health cases, must submit a report each month even though may have been no activity • If court has no jurisdiction/does not hear certain types of cases, leave section(s) blank

  4. Who Cares? • Used by executive, legislative and judicial branches at all levels of government in state to make policy and budgetary decisions • Media, researchers, attorneys, members of public, candidates for election

  5. Who Cares? • FBI/U.S. Attorney General’s Office/Bureau of Justice Statistics (estimates of number of mental commitment and guardianship cases that should be reported to NICS) • U.S. Government Accountability Office (guardianships) • Texas Department of State Health Services (mental commitments) • Texas Guardianship Certification Board (guardianships)

  6. Probate Cases • Independent Administrations • Dependent Administrations • All Other Estate Proceedings

  7. Probate Cases • Guardianship – Minor • Guardianship – Adult • All Other Cases

  8. New cases/applications filed • Original petition/application to establish new, separate case and • Petition/application to contest a will or guardianship filed in already existing case

  9. Other Cases Added: Ancillary Cases • New, original case but no direct relationship to administration of estate and that would have possibility of becoming independently-tried lawsuit • Fiduciary breaches • Debt/claims cases • Family law matters • Personal injury • Other cases

  10. Other Cases Added: All Other Matters • Matters added to docket in manner other than filing of new, original case that “reopen” the case (original judgment already entered in case) • No amended, corrected, supplemental pleadings

  11. Other Activity • Inventories filed (including affidavits in lieu of inventory) • Guardianship of person reports filed • Annual and final accounts filed in • Dependent administrations • Guardianships of estate

  12. Additional Guardianship Info • Guardianships • Dismissed/denied (month only) • Granted (month only) • Closed with final order/judgment (monthly only) • Active (ALL active cases in system) • Temporary guardianships included

  13. Probate Section • Section 683 investigations • Chapter 48 removals • Hearings held • Cases in which plaintiff/petitioner represented self: report at time of filing

  14. Mental Health Section • Sec. 574.014, Health & Safety Code requires monthly report on • number applications filed and disposed for court-ordered mental health services (temporary and extended) • Number of commitment orders issued (inpatient and outpatient)

  15. Mental Health Section • In 2010, Judicial Council added: • Orders for protective custody signed • Probable cause hearings held • Orders to authorize psychoactive medications (filings and dispositions)

  16. Questions Angela Garcia, Judicial Information Manager Angela.Garcia@txcourts.gov (512) 936-1358 phone http://www.courts.state.tx.us/oca/required.asp

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