By: Hull H.B. No. 2973
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain requirements for court-appointed volunteer
  advocate programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter G, Chapter 264.601, Family Code, is
  amended by adding Subsections (3) and (4) to read as follows:
         Sec. 264.601.  DEFINITIONS. In this subchapter:
               (1)  "Abused or neglected child" means a child who is:
                     (A)  the subject of a suit affecting the
  parent-child relationship filed by a governmental entity; and
                     (B)  under the control or supervision of the
  department.
               (2)  "Volunteer advocate program" means a
  volunteer-based, nonprofit program that:
                     (A)  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; and
                     (B)  complies with recognized standards for
  volunteer advocate programs.
               (3)  "Volunteer active advocate" means an individual
  who:
                     (A)  has been trained by a volunteer advocate
  program under requirements of Section 264.607; and
                     (B)  is currently serving as a volunteer advocate
  on at least one child's case.
               (4)  "Volunteer inactive advocate" means a person who:
                     (A)  has been trained by a volunteer advocate
  program under requirements of Section 264.607; and
                     (B)  is not currently serving as a volunteer
  advocate on at least one child's case.
         SECTION 2.  Subchapter A, Chapter 264.603, Family Code, is
  amended by amending Subsection (1) to read as follows:
         Sec. 264.603.  ADMINISTRATIVE CONTRACTS. (a) The commission
  shall contract with one statewide organization that is exempt from
  federal income taxation under Section 501(a), Internal Revenue Code
  of 1986, as an organization described by Section 501(c)(3) of that
  code and designated as a supporting organization under Section
  509(a)(3) of that code, and that is composed of individuals or
  groups of individuals who have expertise in the dynamics of child
  abuse and neglect and experience in operating volunteer advocate
  programs to provide training, technical assistance, and evaluation
  services for the benefit of local volunteer advocate programs. The
  contract shall:
               (1)  include measurable goals and objectives relating
  to the number of:
                     (A)  volunteer active advocates in the program;
  and
                     (B)  volunteer inactive advocates in the program;
                     (B) (C)  children receiving services from the
  program; and
               (2)  follow practices designed to ensure compliance
  with standards referenced in the contract.
         (b)  The contract under this section shall provide that not
  more than 12 percent of the annual legislative appropriation to
  implement this subchapter may be spent for administrative purposes
  by the statewide organization with which the commission contracts
  under this section.
         SECTION 3.  Subchapter G, Chapter 264.604, Family Code, is
  amended by adding Subsection (5) and (6) to read as follows:
         Sec. 264.604.  ELIGIBILITY FOR CONTRACTS. (a) A person is
  eligible for a contract under Section 264.602 only if the person is
  a public or private nonprofit entity that operates a volunteer
  advocate program that:
               (1)  uses individuals appointed as volunteer advocates
  or guardians ad litem by the court to provide for the needs of
  abused or neglected children;
               (2)  has provided court-appointed advocacy services
  for at least six months;
               (3)  provides court-appointed advocacy services for at
  least 10 children each month; and
               (4)  has demonstrated that the program has local
  judicial support;.
               (5)  provides a grievance process to address complaints
  regarding negligence or misconduct that pertain to duties outlined
  in Section 107.002; and
               (6)  maintains an accurate record of individuals
  defined in Section 264.601(3)and(4).
         (b)  The statewide organization with which the commission
  contracts under Section 264.603 may not contract with a person that
  is not eligible under this section. However, the statewide
  organization may waive the requirement in Subsection (a)(3) for an
  established program in a rural area or under other special
  circumstances.
         SECTION 4.  This Act takes effect September 1, 2021.