1 TAC §§64.1, 64.3, 64.5, 64.7, 64.9, 64.11, 64.13
The Office of the Attorney General ("OAG") adopts 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
without changes to the proposed text as published in the August 18, 2000,
issue of the
Texas Register
(25 TexReg 7961)
relating to standards of operation for local court-appointed volunteer advocate
programs pursuant to Senate Bill Number 349, enacted by the 75th Legislature
in 1997. The text will not be republished.
Senate Bill Number 349 added Chapter 264, subchapter G of the Family Code,
which governs the operation and role of court-appointed volunteer advocate
programs in providing advocacy services to abused or neglected children. Section
264.602(d) 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 adopted 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.
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.
No comments were received regarding the adoption of these new sections.
The new rules are adopted 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 Legislature, chapter 1294, §7, effective 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 adopted new rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 25, 2001.
TRD-200100446
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Effective date: February 14, 2001
Proposal publication date: August 18, 2000
For further information, please contact: A.G. Younger at (512) 463-2110.