| (a) Application Process.
(1) Prospective volunteers, employees, and directors
must complete:
(A) a written application;
(B) personal interview(s); and
(C) consent and release forms for appropriate background
investigations.
(2) New employees must also complete employee handbook
acknowledgment forms.
(b) Volunteers.
(1) A volunteer must be at least 21 years of age.
(2) A volunteer may:
(A) review applicable records;
(B) facilitate prompt and thorough review of a case;
(C) interview appropriate parties, including service
providers and persons with knowledge of the case, in order to make
recommendations regarding the child's best interests;
(D) attend court hearings; and
(E) make written recommendations to the court concerning
the outcome that would be in the child's best interest.
(3) A volunteer may not:
(A) take a child to any location not pre-approved by
the advocate program;
(B) give legal advice or therapeutic counseling;
(C) make placement arrangements for a child;
(D) give or lend money or expensive gifts to a child
or family;
(E) take a child on an overnight outing; or
(F) allow a child to come into contact with someone
the volunteer knows or should know has a criminal history involving
violence, child abuse, neglect, drugs, or a sexual offense as described
under Chapter 21 of the Texas Penal Code.
(4) A volunteer may, on an individual basis, obtain
written permission from the local volunteer advocate program, for
an exception to an action listed under paragraph (3) of this subsection.
If a request for an exception is made, a volunteer must disclose whether
anyone who resides with the volunteer, or with whom the child may
come in contact through the volunteer, does not meet the background
requirements of §377.117 of this subchapter (relating to Local
Volunteer Advocate Program Personnel Background Checks). The basis
for electing whether to grant an exception must be documented in the
child's case file.
(5) A volunteer must not be concurrently assigned to
more than two cases, unless the assignment is approved by the local
volunteer advocate program's executive director or caseworker supervisor.
(6) A volunteer must not provide foster care to a child
in the managing conservatorship of DFPS unless the volunteer is related
to the child. This prohibition does not apply to:
(A) a volunteer with whom DFPS placed a child prior
to June 30, 1999; or
(B) a volunteer with whom a child has been placed by
an agency or person other than DFPS and the child is not in the managing
conservatorship of DFPS.
(7) A volunteer may not be assigned to any case in
which the volunteer is related to any party.
(c) Employees.
(1) An employee must be at least 21 years of age.
(2) If an employee also serves on the board of directors,
he or she may not be a voting director.
(d) Board of Directors.
(1) The board of directors must have at least nine
members, with an executive committee composed of, at a minimum, the
offices of president, vice president, secretary, and treasurer.
(2) The bylaws of the local volunteer advocate program
must include a rotation of directors for the board, as well as term
limits for directors and executive committee officers.
(3) A director must be at least 21 years of age.
(4) At least one director from the board must attend
applicable annual training provided by the statewide volunteer advocate
organization or a national association.
(e) Training.
(1) A local volunteer advocate program must plan and
implement a training and development program for employees and volunteers,
and must inform employees and volunteers about:
(A) the background and needs of children served by
the local volunteer advocate program;
(B) the operation of the court and the child welfare
system; and
(C) the nature and effects of child abuse and neglect.
(2) A local volunteer advocate program must provide
annual orientation for new directors and continuing education for
incumbent directors, which must include information on:
(A) the applicable goals, objectives, and methods of
operation of the local volunteer advocate program;
(B) current local, statewide and national association
services;
(C) the court and child welfare system; and
(D) program governance.
(3) A local volunteer advocate training program must
consist of at least 30 hours of pre-service training and 12 hours
of in-service training per year.
(4) A local volunteer advocate program must provide
cultural diversity training for volunteers, employees, and directors
on an annual basis.
(5) The statewide volunteer advocate organization may
review all training and training materials for volunteers, employees,
and directors.
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