| (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)
must contract with local volunteer advocate programs.
(b) Eligibility Requirements for a Local Volunteer
Advocate Program.
(1) To be eligible for a contract with the statewide
volunteer advocate organization under Texas Family Code §264.602,
a local volunteer advocate program must:
(A) operate under the auspices of state or county government,
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 the program 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 the program has local judicial
support.
(2) Local judicial support may be demonstrated by a
signed written agreement that defines the working relationship between
the local volunteer advocate program and the court with appropriate
jurisdiction.
(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
requirement in paragraph (1)(D) of this subsection for an established
program in a rural area or under other special circumstances.
(c) The statewide volunteer advocate organization must
consider 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 organizations,
individuals, and other community resources;
(3) whether the local volunteer advocate program provides
services that encourage the permanent placement of children with their
families, relatives, or through timely placement with adoptive families;
and
(4) whether the local court system endorses and cooperates
with the local volunteer advocate program.
(d) Contract Requirements.
(1) A contract between the statewide volunteer advocate
organization and a local volunteer advocate program must require the
local volunteer advocate program to:
(A) submit quarterly and annual financial reports to
the statewide volunteer advocate organization, as determined by HHSC;
(B) submit quarterly and annual reports of performance
factors identified by HHSC, and submit such reports to the statewide
volunteer advocate organization by the deadlines designated by the
statewide volunteer advocate organization;
(C) obtain annual independent financial audits or audited
financial statements as required by state or federal law, and provide
copies of the auditor's reports and related documents in accordance
with the deadlines designated by the statewide volunteer advocate
organization;
(D) cooperate with inspections and audits that HHSC
makes to ensure service standards and fiscal responsibility; and
(E) provide, at a minimum:
(i) independent and factual information regarding the
child, in writing, to the court and to counsel for the parties involved;
(ii) advocacy through the courts for permanent home
placement and services for the child;
(iii) monitoring of the child to ensure the child's
safety and to prevent the unnecessary relocation of the child to multiple
temporary placements;
(iv) reports in writing to the presiding judge and
to counsel for the parties involved;
(v) community education relating to child abuse and
neglect;
(vi) referrals to existing community services;
(vii) procedures to safeguard the confidentiality of
records or information relating to the child;
(viii) a volunteer recruitment and training program,
including adequate screening procedures for volunteers; and
(ix) compliance with the standards adopted under Texas
Family Code §264.602.
(2) A contract between the statewide volunteer advocate
organization and a local volunteer advocate program is enforced through
the use of the remedies and in accordance with the procedures provided
in the Uniform Grant Management Standards for Texas (UGMS).
(3) A local volunteer advocate program must comply
with the requirements and provisions of the contract between the statewide
volunteer advocate organization and HHSC.
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