Texas Register, Volume 41, Number 52, Pages 10019-10486, December 23, 2016 Page: 10,045
10019-10486 p. ; 28 cm.View a full description of this periodical.
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ily Code 264.410, which requires HHSC to adopt standards for
eligible local children's advocacy centers; 264.602(d), which re-
quires HHSC to adopt, by rule, standards for local volunteer ad-
vocate programs; and 264.609, which authorizes HHSC's Ex-
ecutive Director to adopt rule necessary to implement Chapter
264, Subchapter G ("Court-Appointed Volunteer Advocate Pro-
grams").
No other statutes articles or codes are affected by the proposal.
377.101. Purpose and Definitions.
(a) The purpose of this subchapter is to provide:
(1) requirements regarding the function and administration
of a local volunteer advocate program; and
(2) requirements for contracts between the statewide
volunteer advocate organization and the local volunteer advocate
programs.
(b) The following words and terms, when used in this subchap-
ter, have the following meanings unless the context clearly indicates
otherwise:
(1) Local volunteer advocate program--A volunteer-based,
nonprofit program that provides advocacy services to abused or ne-
glected children with the goal of obtaining a permanent placement for
a child that is in the child's best interest.
(2) Statewide volunteer advocate organization--The entity
with which HHSC contracts under Texas Family Code 264.603 and
377.107 of this subchapter (relating to Contract with Statewide Vol-
unteer Advocate Organization).
377.103. Legal Authorization.
The provisions of this subchapter are promulgated under Texas Fam-
ily Code 264.602(c) and (d) and 264.609, which authorize HHSC
to adopt standards for local volunteer advocate programs, develop a
scale of financial support for the local volunteer advocate programs,
and adopt rules necessary to carry out the provisions of the Texas Fam-
ily Code.
377.105. Applicability.
This subchapter applies to local volunteer advocate programs and con-
tracts for services with local volunteer advocate programs as specified
in Texas Family Code Chapter 264, Subchapter G.
377.107. Contract with Statewide Volunteer Advocate Organiza-
tion.
(a) HHSC contracts with a single statewide volunteer advocate
organization that satisfies subsection (b) of this section to perform the
following functions for local volunteer advocate programs:
(1) training;
(2) technical assistance; and
(3) evaluation services for the benefit of the local volunteer
advocate programs.
(b) HHSC may contract only with a statewide volunteer advo-
cate organization that:
(1) is exempt from federal income taxation under Internal
Revenue Code of 1986 501(a) and (c)(3);
(2) is designated as a supporting organization under Inter-
nal Revenue Code of 1986 509(a)(3); and
(3) is composed of individuals or groups of individuals
who have expertise in the dynamics of child abuse and neglect and
experience in operating local volunteer advocate programs.(c) The contract must:
(1) include measurable goals and objectives relating to the
number of:
(A) volunteer advocates in the program; and
(B) children receiving services from the program; and
(2) follow practices to ensure compliance with standards
referenced in the contract.
377.109. Contracts with Local Volunteer Advocate Programs.
(a) The statewide volunteer advocate organization with which
HHSC contracts under 377.107 of this subchapter (relating to Contract
with Statewide Local Volunteer Advocate Organization) contracts with
local volunteer advocate programs.
(b) Eligibility Requirements for a Local Volunteer Advocate
Program.
(1) To be eligible for a contract with the statewide volun-
teer advocate organization under Texas Family Code 264.602, a local
volunteer advocate program must:
(A) operate under the auspices of state or county gov-
ernment or be incorporated as part of a nonprofit organization;
(B) use individuals appointed as volunteer advocates or
guardians ad litem by the court to provide for the needs of abused or
neglected children;
(C) demonstrate that it has provided court-appointed
advocacy services for at least six months;
(D) provide court-appointed advocacy services for at
least ten children each month; and
(E) demonstrate that it has local judicial support.
(2) Local judicial support may be demonstrated by a signed
written agreement between the local volunteer advocate program and
the court with appropriate jurisdiction that defines the working rela-
tionship.
(3) The statewide volunteer advocate organization may not
contract with a person that is not eligible under this section. However,
the statewide volunteer advocate organization may waive the require-
ment in paragraph (1)(C) of this subsection for an established program
in a rural area or under other special circumstances.
(c) The statewide volunteer advocate organization must con-
sider the following in awarding a contract to a local volunteer advocate
program:
(1) the local volunteer advocate program's eligibility for,
and use of, funds from local, state, or federal governmental sources,
philanthropic organizations, and other sources;
(2) community support for the local volunteer advocate
program as indicated by financial contributions from civic organiza-
tions, individuals, and other community resources;
(3) whether the local volunteer advocate program provides
services that encourage the permanent placement of children through
reunification with their families or timely placement with adoptive fam-
ilies; and
(4) whether the local court system endorses and cooperates
with the local volunteer advocate program.
(d) Contract Requirements.PROPOSED RULES December 23, 2016 41 TexReg 10045
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Texas. Secretary of State. Texas Register, Volume 41, Number 52, Pages 10019-10486, December 23, 2016, periodical, December 23, 2016; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth835937/m1/27/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.