Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 83.17
Jurisdiction
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 83
§ 83.17 Jurisdiction.

A court of this state has jurisdiction to appoint a guardian of the
person or issue a protective order for a respondent if:

(a) the state is the respondent's home state;

(b) on the date the petition is filed, this state is a
significant-connection state and:

1. the respondent does not have a home state or a court of the
respondent's home state has declined to exercise jurisdiction because
this state is a more appropriate forum; or

2. the respondent has a home state, a petition for an appointment or
order is not pending in a court of that state or another significant
connection state, and before the court makes the appointment or issues
the order:

(i) a petition for an appointment or order is not filed in the
respondent's home state;

(ii) an objection to the court's jurisdiction is not filed by a person
required to be notified of the proceeding; and

(iii) the court in this state concludes that it is an appropriate
forum under the factors set forth in section 83.23 of this article;

(c) this state does not have jurisdiction under either subdivision (a)
or (b) of this section, the respondent's home state and all
significant-connection states have declined to exercise jurisdiction
because this state is the more appropriate forum, and jurisdiction in
this state is consistent with the constitutions of this state and the
United States; or

(d) the requirements for special jurisdiction under section 83.19 of
this article are met.