1 TAC §§65.1, 65.3, 65.5, 65.7, 65.9, 65.11
The Office of the Attorney General proposes new Chapter 65,
Subchapter A, General §§65.1, 65.3, 65.5, 65.7, 65.9 and 65.11,
concerning required standards of operation for local children's advocacy centers.
Chapter 264, Subchapter E, of the Family Code governs the establishment
and operation of children's advocacy centers for the purposes of: (1) facilitating
efficient and appropriate disposition of child abuse cases through the court
systems; (2) determining and providing needed services to child abuse victims
and their families; and (3) coordinating the activities of governmental entities
in the investigation of those cases and delivery of those services. Section
264.409 authorizes the Office of the Attorney General to contract with a statewide
organization experienced in establishing and operating children's advocacy
center programs for the purpose of providing training, technical assistance,
and evaluation services for local children's advocacy center programs. Section
264.410 in turn requires the Office of the Attorney General to adopt standards
for those local children's advocacy centers that are eligible to receive assistance
from the statewide organization with which the attorney general has contracted,
and it requires the statewide organization to assist the attorney general
in developing those standards.
The new, proposed rules establish the required procedures and criteria
that a local program must satisfy to qualify to receive funding and other
program assistance from the statewide organization. In addition to these eligibility
requirements, the rules set forth required standards and procedures that eligible
programs must follow in the operation and administration of those programs.
Finally, the rules identify certain local program requirements, such as financial
and performance reporting and auditing, that must appear in the contract executed
between the statewide organization and the local programs that obtain assistance
from the statewide organization.
Proposed Chapter 65, Subchapter A, is organized into six sections. Section
65.1 provides the legal authorization for the rules. Section 65.3 explains
that the rules apply to local children' s advocacy centers and the statewide
organization's contracts for services with the local centers, as specified
in Chapter 264, Subchapter E, of the Family Code. Section 65.5 defines certain
terms that are used in the rules. Section 65.7 explains the purpose of the
rules. Section 65.9 details certain requirements pertaining to the contracts
between the statewide organization and the local programs, including required
procedures and eligibility criteria for qualifying to enter into the contracts
and certain provisions that must be included in the contracts. Section 65.11
establishes standards of operation that must be followed by the local programs
that contract with the statewide organization.
Herman Millholland, Chief of the Crime Victims Services Division of the
Office of the Attorney General, has determined that, for the first five-year
period the sections of the new Subchapter are in effect, there will be no
fiscal implications to the state or to local governments as a result of enforcing
or administering these rules as proposed.
Mr. Millholland has also determined that, for the first five-year period
in which the sections of this new Subchapter are in effect, the anticipated
public benefit resulting from enforcement will be the establishment of uniform
operating standards applicable to all local children's advocacy centers, assuring
effective and efficient use of public funds and provision of child abuse services
to victims and their families. In addition, there will be no economic cost
during this period to persons required to comply with the rules as proposed,
since such persons have already been substantially following similar standards
and requirements either formally imposed by statutes or informally imposed
by the statewide organization.
Finally, Mr. Millholland has determined that, for the first five-year period
in which the sections of this new Subchapter are in effect, there will be
no direct, adverse effect on small businesses as a result of enforcing these
rules.
Comments regarding the proposed rules may be submitted no later than thirty
(30) days from the date of publication of this notice to Mr. Herman Millholland,
Chief of the Crime Victims Services Division, Office of the Attorney General,
at Box 12548, Capitol Station, Austin, Texas 78711-2548, or by facsimile transmission
to (512) 370-9794, or by e-mail to: cvsgrants@oag.state.tx.us
The new rules are proposed under Chapter 264, Subchapter E, of
the Family Code, in particular section 264.410, which requires the attorney
general by rule to adopt standards for eligible local children's advocacy
centers. In addition, section 264.609 provides that the attorney general may
adopt rules as necessary to implement Chapter 264.
Other than Chapter 264, Subchapter E, of the Family Code, no statute, article,
or code is affected by these proposed new rules.
§65.1.Legal Authorization.
The provisions of this chapter are promulgated under the Texas Family
Code, §§264.410(c) and 264.609, which provide the Office of the
Attorney General with the authority, respectively, to adopt standards for
local children' s advocacy center programs and to adopt rules necessary to
carry out the provisions of Chapter 264.
§65.3.Applicability.
This chapter applies to local children's advocacy centers and contracts
for services with eligible local children' s advocacy centers, as specified
in Texas Family Code, Chapter 264, Subchapter E.
§65.5.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise:
(1)
Local children's advocacy center or local center--A public
or nonprofit entity that is established pursuant to a memorandum of understanding
executed under Family Code §264.403 and that operates local children's
advocacy center programs.
(2)
Local children's advocacy center program or local program--A
local center program that assesses victims of child abuse to determine needed
services, provides the needed services, facilitates disposition of child abuse
cases, and/or coordinates the activities of governmental entities in relation
to child abuse investigations and delivery of services.
(3)
Multidisciplinary team--A team of persons appointed by
the board of directors of a local center under Family Code §264.406 to
work within the local center to review new and pending child abuse cases for
the purpose of coordinating the activities of entities involved in child abuse
investigation, prosecution, and victim services.
(4)
Participating agency or entity/public agency partner--A
governmental entity involved in child abuse investigations or prosecutions
and/or offering services to child abuse victims and that participates in the
establishment and operation of a local center as provided in Family Code §264.403.
(5)
Statewide organization--The organization with which the
Office of the Attorney General contracts under Family Code §264.409 and
which, in turn, contracts with local centers to enhance the performance of
the local programs and which oversees the performance of those local programs.
§65.7.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 centers.
§65.9.Contracts With Local Centers.
(a)
Eligibility of Local Centers to Contract with the Statewide
Organization.
(1)
Eligibility requirements for local centers. To be eligible
to contract with the statewide organization under Family Code §264.410,
a local center must:
(A)
have a signed memorandum of understanding as provided by
Family Code §264.403;
(B)
operate under the authority of a governing board as provided
by Family Code §264.404;
(C)
have a multidisciplinary team of persons involved in the
investigation or prosecution of child abuse cases or the delivery of services
as provided by Family Code §264.406;
(D)
hold regularly scheduled case reviews as provided by Family
Code §264.406;
(E)
operate in a neutral and physically separate space from
the day-to-day operations of any public agency partner;
(F)
have developed a method of statistical information gathering
on children receiving services through the center and share such statistical
information with the statewide organization, the Department of Family and
Protective Services, and the Office of the Attorney General when requested;
(G)
have an in-house volunteer program;
(H)
employ an executive director who is answerable to the board
of directors of the local center and who is not the exclusive salaried employee
of any public agency partner; and
(I)
operate under a working protocol that includes a statement
of:
(i)
the local center's mission;
(ii)
each participating agency's role and commitment to the
local center;
(iii)
the type of cases to be handled by the local center;
(iv)
the local center's procedure for conducting case reviews
and for ensuring access to specialized medical and mental health services;
and
(v)
the center's policies regarding confidentiality and conflict
resolution.
(2)
Waiver of eligibility requirements. The statewide organization
may waive the requirements specified in Subsection (a)(1) of this section
if it determines that the waiver will not adversely affect the local center's
ability to carry out its duties under Family Code §264.405. A waiver
granted to a local center by the statewide organization under this subsection
must be identified in the written contract with the local center.
(b)
Requirements for Contracts Awarded to Local Centers by
the Statewide Organization.
(1)
Effect on financial support of local center. A contract
between the statewide organization and a local center under Family Code §264.410
may not result in reducing the financial support the local center receives
from another source.
(2)
Enforcement of contract. A contract between the statewide
organization and a local center under Family Code §264.410 shall be enforced
through the use of remedies and in accordance with the procedures provided
in the Uniform Grant and Contracts Management Standards.
(3)
Required contractual provisions. A contract between the
statewide organization and a local center under Family Code §264.410
must require the local center to comply with the requirements and provisions
applicable to local centers in the contract between the statewide organization
and the Office of the Attorney General under Family Code §264.409.
§65.11.Operation of Local Center and Program.
(a)
Duties of the Local Program. A local center shall:
(1)
assess victims of child abuse and their families to determine
their need for services relating to the investigation of child abuse;
(2)
provide the services determined to be needed;
(3)
provide a facility at which a multidisciplinary team appointed
under Family Code §264.406 can meet to facilitate the efficient and appropriate
disposition of child abuse cases through the civil and criminal justice systems;
and
(4)
coordinate the activities of governmental entities relating
to child abuse investigations and delivery of services to child abuse victims
and their families.
(b)
Governing Board of Local Center and Members of the Board.
(1)
The local center must be governed by a board of directors.
In addition to any other persons appointed or elected to serve on the governing
board, the governing board must include an executive officer of, or an employee
selected by an officer, of each entity that executes a memorandum of understanding
under Family Code §264.403(a).
(2)
Service on a local center's board by a public officer or
employee is an additional duty of the office or employment.
(c)
Multidisciplinary Team of Local Center.
(1)
Appointment by board. A local center's mutidisciplinary
team must include employees of the participating agencies who are professionals
involved in the investigation or prosecution of child abuse cases.
(2)
Team members. A local center's multidisciplinary team may
also include professionals involved in the delivery of services, including
medical and mental health services, to child abuse victims and the victims'
families.
(3)
Meetings. A multidisciplinary team shall meet at regularly
scheduled intervals to:
(A)
review child abuse cases determined to be appropriate for
review by the multidisciplinary team; and
(B)
coordinate the actions of the entities involved in the
investigation and prosecution of the cases and the delivery of services to
the child abuse victims and the victims' families.
(4)
Scope of review. A multidisciplinary team may review a
child abuse case in which the alleged perpetrator does not have custodial
control or supervision of the child or is not responsible for the child's
welfare or care.
(5)
Receipt of confidential information. When acting in the
member's official capacity, a multidisciplinary team member is authorized
to receive information made confidential by Human Resources Code §40.005
or Family Code §261.201 or 264.408.
(d)
Liability.
(1)
A person is not liable for civil damages for a recommendation
made or an opinion rendered in good faith while acting in the official scope
of the person's duties as a member of a multidisciplinary team or as a board
member, staff member, or volunteer of a local center.
(2)
This limitation on civil liability does not apply if a
person's actions constitute gross negligence.
(e)
Confidentiality Requirements Placed on Local Centers.
(1)
The files, reports, records, communications, and working
papers used or developed in providing services under Family Code Chapter 264
are confidential. This information is not subject to public release under
Government Code Chapter 552 and may be disclosed only for purposes consistent
with Family Code Chapter 264. Disclosure may be to:
(A)
the Department of Family and Protective Services, that
department's employees, law enforcement agencies, prosecuting attorneys, medical
professionals, and other state agencies that provide services to children
and families; and
(B)
the attorney for the child who is the subject of the records
and a court-appointed volunteer advocate appointed for the child under Family
Code §107.031.
(2)
Information related to the investigation of a report of
abuse or neglect under Family Code Chapter 261 and services provided as a
result of the investigation is confidential as provided by Family Code §261.201.
(3)
The Department of Family and Protective Services, a law
enforcement agency, and a prosecuting attorney may share with a local center
information that is confidential under Family Code §261.201 as needed
to provide services under Family Code Chapter 264. Confidential information
shared with or provided to a local center remains the property of the agency
that shared or provided the information to the local center.
(4)
A videotaped interview of a child made at a local center
is the property of the prosecuting attorney involved in the criminal prosecution
of the case involving the child. If no criminal prosecution occurs, the videotaped
interview is the property of the attorney involved in representing the Department
of Family and Protective Services in a civil action alleging child abuse or
neglect. If the matter involving the child is not prosecuted, the videotape
is the property of the Department of Family and Protective Services if the
matter is an investigation by the department of abuse or neglect. If the Department
of Family and Protective Services is not investigating or has not investigated
the matter, the videotape is the property of the agency that referred the
matter to the local center. If the local center employs a custodian of records
for videotaped interviews of children, the local center is responsible for
the custody of the videotape. A videotaped interview may be shared with other
agencies under a written agreement.
(5)
The Department of Family and Protective Services must be
allowed access to a local center's videotaped interviews of children.
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 May 28, 2004.
TRD-200403643
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Earliest possible date of adoption: July 11, 2004
For further information, please call: (512) 463-2110