Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 377 - CHILDREN'S ADVOCACY PROGRAMS
Subchapter B - STANDARDS OF OPERATION FOR LOCAL COURT-APPOINTED VOLUNTEER ADVOCATE PROGRAMS
Section 377.115 - Local Volunteer Advocate Program Personnel
Universal Citation: 1 TX Admin Code ยง 377.115
Current through Reg. 49, No. 38; September 20, 2024
(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.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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