Part 3.
OFFICE OF THE ATTORNEY GENERAL
Chapter 64.
STANDARDS OF OPERATION FOR LOCAL COURT-APPOINTED VOLUNTEER ADVOCATE PROGRAMS
1 TAC §§64.1, 64.3, 64.5, 64.7, 64.9, 64.11, 64.13
The Office of the Attorney General ("OAG") proposes new Chapter
64, §§64.1, 64.3, 64.5, 64.7, 64.9, 64.11, and 64.13, concerning
standards of operation for local court-appointed volunteer advocate programs.
Chapter 264, subchapter G of the Family Code governs the operation and
role of court-appointed volunteer advocate programs in providing advocacy
services to abused or neglected children. Senate Bill No. 349, enacted by
the 75th Legislature in 1997, added to this Act new subsection 264.602(d),
which requires the OAG to adopt standards for local volunteer advocate programs.
The bill directs the statewide organization with which the OAG contracts to
provide training, technical assistance, and evaluation services for the benefit
of the local programs to assist the OAG in this endeavor.
The new rules proposed herein establish standards for the local volunteer
advocate programs in the following areas. The rules establish eligibility
criteria for local programs seeking to obtain financial support under Family
Code Chapter 264, subchapter G. The rules establish organizational and operational
requirements for eligible local programs and impose a code of ethics for volunteers,
employees and directors of the local programs. The rules establish guidelines
for disqualifying circumstances and training requirements for volunteers,
employees and directors. The rules also establish supervision requirements
for volunteers used by the local programs and specify duties of the volunteers.
The rules establish a sliding scale of state financial support for local programs
in accordance with Family Code §264.602(c), as well as criteria for awarding
the state financial support. Finally, the new rules set forth requirements
that must be imposed on the local programs by the statewide organization by
way of contract, including periodic financial and performance reporting by
the local programs on forms promulgated by the OAG.
Proposed Chapter 64 is organized into seven sections. Section 64.1 provides
the legal authorization for the rules. Section 64.3 states that the rules
apply to local volunteer advocate programs and contracts for services with
local volunteer advocate programs. Section 64.5 defines terms as they relate
to this chapter. Section 64.7 announces the purpose of this chapter. Section
64.9 pertains to contracts with the local program, setting out the eligibility
requirements, criteria for award of contracts, and contract requirements.
Section 64.11 describes the scale of state financial support. Section 64.13
provides details concerning the operation of local programs.
Beckie Zieschang, Director of the Budget and Purchasing Division of the
OAG, has determined that for the first five-year period that the chapter will
be in effect, there will be no fiscal implication for the state or local governments
as a result of enforcing or administering these rules. There will be no effect
on the local economy or local employment.
Ms. Zieschang also has determined that for each year of the first five
years the rules are in effect, the public benefit anticipated as a result
of enforcing the rules will be the establishment of uniform operating standards
applicable to all local volunteer advocate programs. There will be no effect
on small and large businesses as a result of enforcing these rules. There
will be no unusual costs to individuals and other persons who are required
to comply with the rules as proposed, as such persons have already been following
substantively similar standards and requirements informally imposed by the
statewide organization on its members.
The OAG requests comments on the proposed rules from any interested person.
Comments may be submitted, in writing, no later than thirty (30) days after
the date of publication of this notice to Beth Page, Assistant Attorney General,
General Counsel Division, Office of the Attorney General, Box 12548, Capitol
Station, Austin, TX 78701, or faxed to (512) 477-6040, or e-mailed to www.Beth.Page@oag.state.tx.us.
The new rules are proposed pursuant to Chapter 264, subchapter
G of the Texas Family Code, in particular §264.602(d), which provides
that the OAG by rule shall adopt standards for local volunteer advocate programs,
and §264.602(c), which directs the OAG to develop a scale of state financial
support for volunteer advocate programs.
See Acts
1997, 75th Leg., ch. 1294, section 7, eff. September 1, 1997. Section 264.609
of the Texas Family Code further provides that the OAG may adopt rules necessary
to implement this Act.
No other statute, article, or code is affected by these proposed new rules.
§64.1.Legal Authorization.
The provisions of this chapter are promulgated under the Texas Family
Code, §§264.602(d), 264.602(c), and 264.609, which provide the Office
of the Attorney General with the authority to adopt standards for local volunteer
advocate programs, to develop a scale of financial support for the local volunteer
advocate programs, and to adopt rules necessary to carry out the provisions
of the Act.
§64.3.Applicability.
This chapter shall apply to local volunteer advocate programs and contracts
for services with local volunteer advocate programs as specified in Texas
Family Code, Chapter 264, Subchapter G.
§64.5.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise:
(1)
Child -- An abused or neglected child who is under the
control or supervision of the Texas Department of Protective and Regulatory
Services and who is the subject of a suit affecting the parent-child relationship
filed by a governmental entity;
(2)
Court -- The district court, juvenile court having the
same jurisdiction as a district court, or other court expressly given jurisdiction
of a suit affecting the parent-child relationship.
(3)
Local volunteer advocate program or "local program" --
A volunteer-based, nonprofit program that provides advocacy services to abused
or neglected children with the goal of obtaining a permanent placement for
a child that is in the child's best interest;
(4)
Statewide organization -- The organization with which the
Office of the Attorney General contracts under §264.603 of the Texas
Family Code and which contracts with local programs to provide advocacy services
to abused or neglected children and which oversees the performance of the
local program;
(5)
Central Registry -- A registry of confirmed cases of child
abuse or neglect, as maintained by the Texas Department of Protective and
Regulatory Services pursuant to §261.002 of the Texas Family Code and
federal law.
§64.7.Purpose.
(a)
The purpose of this chapter is to provide standards and
procedures regarding the function and administration of local programs.
(b)
This chapter also provides procedures and guidance in the
application for, awarding of, and performance standards required for, contracts
between the statewide organization and the local programs.
§64.9.Contracts With Local Programs.
(a)
Eligibility Requirements for Local Programs.
(1)
To be eligible for a contract with the statewide organization
under Family Code §264.602, a local program must:
(A)
use individuals appointed as volunteer advocates or guardians
ad litem by the court to provide for the needs of abused or neglected children;
(B)
demonstrate that it has provided court-appointed advocacy
services for at least two years;
(C)
provide court-appointed advocacy services for at least
ten children each month; and
(D)
demonstrate that it has local judicial support.
(2)
Local judicial support may be demonstrated by a signed
Judicial Endorsement form and an annual approval from the court, Child Protective
Services and other affiliated agencies as deemed appropriate by the statewide
organization.
(3)
The statewide organization may not contract with a person
who is not eligible under this section. However, the statewide organization
may waive the requirement in subsection (a)(1)(C) for an established program
in a rural area or under other special circumstances.
(b)
Criteria for Award of Contracts. The statewide organization
shall consider the following in awarding a contract to a local program:
(1)
The local 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 program as indicated by
financial contributions from civic organizations, individuals, and other community
resources;
(3)
Whether the local program provides services that encourage
the permanent placement of children through reunification with their families
or timely placement with an adoptive family; and
(4)
Whether the local program has the endorsement and cooperation
of the local court system.
(c)
Contract Requirements.
(1)
A contract between the statewide organization and a local
program shall require the local program to:
(A)
Make quarterly and annual financial reports on a form provided
by the Office of the Attorney General;
(B)
Make quarterly and annual reports of performance factors
as identified by the Office of the Attorney General and submit such reports
to the statewide organization by the deadlines designated by the statewide
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 the form and in accordance with the deadlines
designated by the statewide organization;
(D)
Cooperate with inspections and audits that the Office of
the Attorney General makes to ensure service standards and fiscal responsibility;
and
(E)
Provide as a minimum:
(i)
Independent and factual information in writing to the court
and to counsel for the parties involved regarding the child;
(ii)
Advocacy through the courts for permanent home placement
and rehabilitation services for the child;
(iii)
Monitoring of the child to ensure the safety of the child
and to prevent unnecessary movement 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)
Referral services to existing community services;
(vii)
A volunteer recruitment and training program, including
adequate screening procedures for volunteers;
(viii)
Procedures to assure the confidentiality of records
or information relating to the child; and
(ix)
Compliance with the standards adopted under Family Code,
Section 264.602.
(2)
A contract between the statewide organization and a local
program shall be enforced through the use of the remedies and in accordance
with the procedures provided in the Uniform Grant and Contracts Management
Standards. Contracts between the statewide organization and the local volunteer
programs shall reference these remedies.
(3)
A local program shall comply with the requirements and
provisions of the contract between the statewide organization and the Office
of the Attorney General.
§64.11.Scale of State Financial Support.
(a)
The statewide organization shall contract for services
with eligible local programs to expand the existing services of the local
programs. Such contracts may not result in reducing the financial support
which a local program receives from another source.
(b)
Pursuant to Family Code §264.602(c), the annual percentage
of state financial support for a local program shall decline each year over
a six-year period as reflected in the schedule below. The reimbursement by
the Office of the Attorney General of expenses for a particular local program
incurred in any given year shall not exceed the following percentage of total
support needs of the local program for that year, beginning on the effective
date of the contract between the local program and the statewide organization.
Figure: 1 TAC §64.11(b)
§64.13.Operation of Local Program.
(a)
Personnel.
(1)
Volunteers.
(A)
Volunteers must be a minimum of 18 years of age.
(B)
A volunteer may serve as either:
(i)
a guardian ad litem for abused and neglected children;
or
(ii)
an independent third party "friend of the court."
(C)
Duties of volunteers may include, but are not limited to,
reviewing applicable records, facilitating prompt and thorough review of the
case, interviewing appropriate parties in order to make recommendations regarding
the child's best interests, attending court hearings, and making written recommendations
to the court concerning the outcome that would be in the child's best interest.
(D)
Volunteers may not:
(i)
take a child home for any period of time;
(ii)
give therapeutic counseling;
(iii)
make placement arrangements for a child;
(iv)
give or lend money or expensive gifts to a child or family;
(v)
take a child on an overnight outing; or
(vi)
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 sex-related offense.
(E)
Volunteers shall not be assigned to more than three cases
simultaneously unless the assignment is approved by the local program's executive
director and/or caseworker supervisor.
(F)
A volunteer shall not provide foster care to a child in
the managing conservatorship of the Texas Department of Protective and Regulatory
Services ("TDPRS") unless the volunteer is related to the child. This prohibition
does not apply to:
(i)
volunteer with whom a child has been placed with TDPRS
prior to June 30, 1999; or
(ii)
a volunteer with whom a child has been placed by an agency
or person other than TDPRS and the child is not in the managing conservatorship
of the TDPRS.
(G)
Volunteers may not be assigned to any case in which they
are related to any parties.
(2)
Employees.
(A)
Employees must be a minimum of 18 years of age.
(B)
If an employee also serves on the board of directors, he
or she may not be a voting director.
(3)
Board of Directors.
(A)
The board of directors shall have at least nine members,
with an executive committee composed of, at a minimum, the offices of president,
vice president, secretary, and treasurer.
(B)
The bylaws of the local program shall include a rotation
of directors, as well as term limits for directors and executive committee
officers. The program's bylaws must be reviewed annually.
(C)
Directors must be at least of 18 years of age.
(D)
At least one director from each local program should attend
the annual training conference provided by the statewide organization or a
national association. If no director can attend the annual training conference,
at least one director must obtain and review materials therefrom.
(b)
Training.
(1)
A local program shall provide annual orientation for new
directors and ongoing education for incumbent directors, including information
on the dynamics of child abuse, family violence, and applicable statutes.
All such training materials are subject to review and revision by the statewide
organization.
(2)
A local program shall plan and implement a training and
development program for employees and volunteers and shall inform volunteers
about the background and needs of children served by the local program. The
training program must include information regarding the operation of the court
and the child welfare system and the nature and effect of child abuse and
neglect. The training program must consist of at least thirty (30) hours of
pre-service training and twelve (12) hours of in-service training per year.
All such training materials are subject to review and revision by the statewide
organization.
(3)
The program shall provide cultural diversity training for
volunteers, employees, and directors on an annual basis.
(c)
Administrative Matters.
(1)
A local program must:
(A)
operate under the auspices of state or county government
or shall be incorporated as part of a not-for-profit organization;
(B)
have a maximum volunteer-to-supervisor ratio of 30:1; and
(C)
have a mission and purpose statement approved by the statewide
organization.
(2)
A local program shall have in writing:
(A)
Agency goals and objectives with an action plan or time
line for meeting those goals and objectives;
(B)
A method for evaluating the progress of accomplishing the
local program goals and objectives;
(C)
A funding plan based on the local program's goals and objectives;
(D)
Personnel policies and procedures;
(E)
Job descriptions for employees, directors and volunteers;
(F)
Procedures for volunteer recruiting, screening, training
and appointment to cases;
(G)
Guidelines for support and supervision of volunteers;
(H)
A grievance procedure;
(I)
A media/crisis communication plan;
(J)
A fidelity bond;
(K)
Accounting procedures; and
(L)
A weapons prohibition policy approved by the statewide
organization.
(3)
Local programs shall endeavor to provide equal employment
opportunity regardless of race, color, religion, national origin, age, sex
(including pregnancy), disability, or other status protected by law, and shall
comply with all applicable laws and regulations regarding employment.
(4)
A local program shall endeavor to be an inclusive organization
whose employees, volunteers, and directors reflect the diversity of the children
and community it serves in terms of gender, ethnicity, and cultural and socio-economic
backgrounds.
(5)
Neither the Office of the Attorney General nor the statewide
organization will be liable for the actions of local program volunteers, directors
or employees. Volunteers, directors and employees of local programs must abide
by the Code of Ethics established herein and all other laws and regulations
governing their conduct and activities.
(d)
Application Process.
(1)
Prospective volunteers and directors must complete a written
application, personal interview(s), volunteer status acknowledgment forms,
and consent and release forms for appropriate background investigations.
(2)
Prospective employees must complete a written application,
personal interview(s), employee handbook acknowledgment forms, and consent
and release forms for appropriate background investigations.
(3)
Background investigations include, but are not limited
to, the procurement of relevant information, including criminal history, from
references, courts, the Central Registry, law enforcement and other governmental
agencies.
(A)
If the candidate has lived in another state within the
past five years, the local program shall conduct a criminal history investigation
in that area.
(B)
Criminal history (including guilty pleas, pleas of no contest,
acceptance of deferred adjudication, and charges, whether pending or not,
and regardless of whether an offense is classified as a felony or misdemeanor)
involving violence, child abuse or neglect, or sex- or drug-related offenses
of an individual or of someone with whom the individual resides or regularly
comes into contact, as well as any criminal history involving offenses classified
as felonies, will preclude an individual from serving as a volunteer and may
preclude an individual from serving as an employee. Driving While Intoxicated
convictions (including guilty pleas and pleas of no contest) or charges may
disqualify individuals from positions involving driving.
(C)
Positions involving driving will also require investigation
of the individual's driving record and insurability, and documentation of
a current license and satisfactory personal liability insurance.
(D)
The refusal to execute consent and release forms relating
to background investigations shall disqualify an individual from serving as
a volunteer or a director and from being considered for employment.
(e)
Code of Ethics.
(1)
Volunteers, directors and employees of local programs must:
(A)
Keep any information obtained about individuals served
by the local program confidential; and
(B)
Conduct all business in a professional manner without improper
or unlawful consideration of race, religion, sex (including pregnancy), age,
national origin, disability, or other legally protected characteristics;
(2)
Volunteers, directors and employees of local programs must
not allow, through action or inaction, a conflict of interest to arise. A
conflict of interest includes any situation in which a person has a personal,
business, or financial interest or relationship which:
(A)
Renders the person unable or potentially unable to perform
his or her duties and responsibilities in an efficient and impartial manner;
or
(B)
Permits a person to receive or potentially receive private
gain or favor for himself or herself or others, or otherwise creates the appearance
of impropriety.
(3)
A local program shall not engage or retain volunteers,
directors or employees who have abused or neglected any position of trust
or violated the Code of Ethics.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on August 7, 2000.
TRD-200005453
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Earliest possible date of adoption: September 17, 2000
For further information, please call A.G. Younger
at (512) 463-2110.
Chapter 371.
MEDICAID FRAUD AND ABUSE PROGRAM INTEGRITY
Subchapter E. OPERATING AGENCY RESPONSIBILITIES
Part 15.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION