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A BILL TO BE ENTITLED
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AN ACT
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relating to certain requirements for court-appointed volunteer |
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advocate programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 264.601, Family Code, is |
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amended by adding Subsections (3) and (4) to read as follows: |
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Sec. 264.601. DEFINITIONS. In this subchapter: |
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(1) "Abused or neglected child" means a child who is: |
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(A) the subject of a suit affecting the |
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parent-child relationship filed by a governmental entity; and |
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(B) under the control or supervision of the |
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department. |
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(2) "Volunteer advocate program" means a |
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volunteer-based, nonprofit program that: |
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(A) provides advocacy services to abused or |
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neglected children with the goal of obtaining a permanent placement |
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for a child that is in the child's best interest; and |
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(B) complies with recognized standards for |
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volunteer advocate programs. |
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(3) "Volunteer active advocate" means an individual |
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who: |
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(A) has been trained by a volunteer advocate |
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program under requirements of Section 264.607; and |
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(B) is currently serving as a volunteer advocate |
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on at least one child's case. |
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(4) "Volunteer inactive advocate" means a person who: |
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(A) has been trained by a volunteer advocate |
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program under requirements of Section 264.607; and |
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(B) is not currently serving as a volunteer |
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advocate on at least one child's case. |
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SECTION 2. Subchapter A, Chapter 264.603, Family Code, is |
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amended by amending Subsection (1) to read as follows: |
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Sec. 264.603. ADMINISTRATIVE CONTRACTS. (a) The commission |
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shall contract with one statewide organization that is exempt from |
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federal income taxation under Section 501(a), Internal Revenue Code |
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of 1986, as an organization described by Section 501(c)(3) of that |
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code and designated as a supporting organization under Section |
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509(a)(3) of that code, and that is composed of individuals or |
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groups of individuals who have expertise in the dynamics of child |
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abuse and neglect and experience in operating volunteer advocate |
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programs to provide training, technical assistance, and evaluation |
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services for the benefit of local volunteer advocate programs. The |
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contract shall: |
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(1) include measurable goals and objectives relating |
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to the number of: |
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(A) volunteer active advocates in the program; |
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and |
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(B) volunteer inactive advocates in the program; |
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(B) (C) children receiving services from the |
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program; and |
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(2) follow practices designed to ensure compliance |
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with standards referenced in the contract. |
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(b) The contract under this section shall provide that not |
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more than 12 percent of the annual legislative appropriation to |
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implement this subchapter may be spent for administrative purposes |
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by the statewide organization with which the commission contracts |
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under this section. |
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SECTION 3. Subchapter G, Chapter 264.604, Family Code, is |
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amended by adding Subsection (5) and (6) to read as follows: |
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Sec. 264.604. ELIGIBILITY FOR CONTRACTS. (a) A person is |
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eligible for a contract under Section 264.602 only if the person is |
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a public or private nonprofit entity that operates a volunteer |
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advocate program that: |
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(1) uses individuals appointed as volunteer advocates |
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or guardians ad litem by the court to provide for the needs of |
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abused or neglected children; |
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(2) has provided court-appointed advocacy services |
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for at least six months; |
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(3) provides court-appointed advocacy services for at |
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least 10 children each month; and |
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(4) has demonstrated that the program has local |
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judicial support;. |
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(5) provides a grievance process to address complaints |
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regarding negligence or misconduct that pertain to duties outlined |
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in Section 107.002; and |
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(6) maintains an accurate record of individuals |
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defined in Section 264.601(3)and(4). |
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(b) The statewide organization with which the commission |
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contracts under Section 264.603 may not contract with a person that |
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is not eligible under this section. However, the statewide |
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organization may waive the requirement in Subsection (a)(3) for an |
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established program in a rural area or under other special |
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circumstances. |
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SECTION 4. This Act takes effect September 1, 2021. |