73R4105 MJW-F
By Linebarger H.B. No. 1662
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer of court-appointed volunteer advocate
1-3 programs for abused or neglected children.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 72, Government Code, is
1-6 transferred to Subtitle C, Title 2, Family Code, redesignated as
1-7 Subchapter D, Chapter 34, Family Code, as added by this Act, and
1-8 amended to read as follows:
1-9 SUBCHAPTER D. COURT-APPOINTED VOLUNTEER ADVOCATE PROGRAMS
1-10 Sec. 34.601 <72.041>. Definitions. In this chapter
1-11 <subchapter>:
1-12 (1) "Abused or neglected child" means a child who is:
1-13 (A) the subject of a suit affecting the
1-14 parent-child relationship brought by a governmental entity; and
1-15 (B) under the control or supervision of the
1-16 Department of Protective and Regulatory Services <child protective
1-17 services division of the Texas Department of Human Services>.
1-18 (2) "Volunteer advocate program" means a
1-19 volunteer-based, nonprofit program that provides advocacy services
1-20 to abused or neglected children with the goal of obtaining a
1-21 permanent placement for the children that is in their best
1-22 interest.
1-23 Sec. 34.602 <72.042>. Contracts With Advocate Programs.
1-24 (a) The attorney general <office> shall contract for services with
2-1 each eligible volunteer advocate program to expand the existing
2-2 services of the program.
2-3 (b) The contract may not result in reducing financial
2-4 support a volunteer advocate program receives from another source.
2-5 (c) The attorney general <office> shall develop a scale of
2-6 state financial support for volunteer advocate programs that
2-7 declines over a six-year period beginning on the date each
2-8 individual contract takes effect. After the end of the six-year
2-9 period, the attorney general <office> may not provide more than 50
2-10 percent of the volunteer advocate program's funding.
2-11 Sec. 34.603 <72.043>. Administrative Contracts. The
2-12 attorney general <office> shall contract with one statewide
2-13 organization of individuals or groups of individuals who have
2-14 expertise in the dynamics of child abuse and neglect and experience
2-15 in operating volunteer advocate programs:
2-16 (1) for the provision of training, technical
2-17 assistance, and evaluation services for the benefit of local
2-18 volunteer advocate programs; and
2-19 (2) to manage the attorney general's <office's>
2-20 contracts under Section 34.602 of this code <72.042>.
2-21 Sec. 34.604 <72.044>. Eligibility for Contracts. (a) A
2-22 person is eligible for a contract under Section 34.602 of this code
2-23 <72.042> only if the person is a public or private nonprofit entity
2-24 that operates a volunteer advocate program that:
2-25 (1) uses individuals appointed as volunteer advocates
2-26 by the court to provide for the needs of abused and neglected
2-27 children;
3-1 (2) has provided court-appointed advocacy services for
3-2 at least two years;
3-3 (3) provides court-appointed advocacy services for at
3-4 least 10 children each month; and
3-5 (4) has demonstrated that it has local judicial
3-6 support.
3-7 (b) The attorney general <office> may not contract with a
3-8 person that is not eligible under this section; however, the
3-9 attorney general <office> may waive the requirement in Subsection
3-10 (a)(3) of this section <Subdivision (3) of Subsection (a)> for
3-11 established programs in rural areas or under other special
3-12 circumstances.
3-13 Sec. 34.605 <72.045>. Contract Form. A person must apply
3-14 for a contract under Section 34.602 of this code <72.042> on a form
3-15 provided by the attorney general <office>.
3-16 Sec. 34.606 <72.046>. Criteria for Award of Contracts. The
3-17 attorney general <office> shall consider the following factors in
3-18 awarding a contract under Section 34.602 of this code <72.042>:
3-19 (1) the volunteer advocate program's eligibility for
3-20 and use of funds from local, state, or federal governmental
3-21 sources, philanthropic organizations, and other sources;
3-22 (2) community support for the volunteer advocate
3-23 program as indicated by financial contributions from civic
3-24 organizations, individuals, and other community resources;
3-25 (3) whether the volunteer advocate program provides
3-26 services that encourage the permanent placement of children through
3-27 reunification with their families or timely placement with an
4-1 adoptive family; and
4-2 (4) whether the volunteer advocate program has the
4-3 endorsement and cooperation of the local juvenile court system.
4-4 Sec. 34.607 <72.047>. Contract Requirements. (a) The
4-5 attorney general <office> shall require that a contract under
4-6 Section 34.602 of this code <72.042> require the volunteer advocate
4-7 program to:
4-8 (1) make quarterly and annual financial reports on a
4-9 form provided by the attorney general <office>;
4-10 (2) cooperate with inspections and audits that the
4-11 attorney general <office> makes to ensure service standards and
4-12 fiscal responsibility;
4-13 (3) provide as a minimum:
4-14 (A) independent and factual information to the
4-15 court regarding the child;
4-16 (B) advocacy through the courts for permanent
4-17 home placement and rehabilitation services for the child;
4-18 (C) monitoring of the child to ensure the safety
4-19 of the child and to prevent unnecessary movement of the child to
4-20 multiple temporary placements;
4-21 (D) reports to the presiding judge and to
4-22 counsel for the parties involved;
4-23 (E) community education relating to child abuse
4-24 and neglect;
4-25 (F) referral services to existing community
4-26 services;
4-27 (G) a volunteer recruitment and training
5-1 program, including adequate screening procedures for volunteers;
5-2 and
5-3 (H) procedures to assure the confidentiality of
5-4 records or information relating to the child.
5-5 (b) The attorney general <office> may require that a
5-6 contract under Section 34.602 of this code <72.042> require the
5-7 volunteer advocate program to use forms provided by the attorney
5-8 general <office>.
5-9 (c) The attorney general <office> shall develop forms in
5-10 consultation with a statewide organization of individuals or groups
5-11 of individuals who have expertise in the dynamics of child abuse
5-12 and neglect and experience in operating volunteer advocate
5-13 programs.
5-14 Sec. 34.608 <72.048>. REPORT TO THE LEGISLATURE. (a)
5-15 Before each regular session of the legislature, the attorney
5-16 general <office> shall publish a report that:
5-17 (1) summarizes reports from volunteer advocate
5-18 programs under contract with the attorney general <office>;
5-19 (2) analyzes the effectiveness of the contracts made
5-20 by the attorney general <office> under this chapter; and
5-21 (3) provides information on:
5-22 (A) the expenditure of funds under this chapter;
5-23 (B) services provided and the number of children
5-24 for whom the services were provided; and
5-25 (C) any other information relating to the
5-26 services provided by the volunteer advocate programs under this
5-27 chapter.
6-1 (b) The attorney general <office> shall submit copies of the
6-2 report to the governor, lieutenant governor, speaker of the house
6-3 of representatives, Legislative Budget Board, and members of the
6-4 legislature.
6-5 Sec. 34.609 <72.049>. RULE-MAKING AUTHORITY. The attorney
6-6 general <office> may adopt rules necessary to implement this
6-7 chapter.
6-8 Sec. 34.610 <72.050>. CONFIDENTIALITY. The attorney general
6-9 <office> may not disclose information gained through reports,
6-10 collected case data, or inspections that would identify a person
6-11 working at or receiving services from a volunteer advocate program.
6-12 Sec. 34.611 <72.051>. CONSULTATIONS. In implementing this
6-13 chapter, the attorney general <office> shall consult with
6-14 individuals or groups of individuals who have expertise in the
6-15 dynamics of child abuse and neglect and experience in operating
6-16 volunteer advocate programs.
6-17 Sec. 34.612 <72.052>. FUNDING. (a) The attorney general
6-18 <office> may solicit and receive grants or money from either
6-19 private or public sources, including appropriation by the
6-20 legislature from the general revenue fund <General Revenue Fund>,
6-21 to implement this chapter.
6-22 (b) The need for and importance of the implementation of
6-23 this chapter by the attorney general <office> require priority and
6-24 preferential consideration for appropriation.
6-25 (c) The attorney general <office> may not use more than six
6-26 percent of the annual legislative appropriation it receives to
6-27 implement this chapter for administration and not more than six
7-1 percent annually for the contract described in Section 34.603
7-2 <72.043> of this chapter.
7-3 SECTION 2. (a) The Office of Court Administration of the
7-4 Texas Judicial System and the attorney general shall coordinate the
7-5 transfer of all office functions relating to the court-appointed
7-6 volunteer advocate programs administered under Subchapter D,
7-7 Chapter 72, Government Code, as it existed before the effective
7-8 date of Section 1 of this Act, to the attorney general as required
7-9 by this Act.
7-10 (b) The transfer required by this Act includes the transfer
7-11 of all assets, duties, powers, obligations, and liabilities,
7-12 including contracts, funds, employees, personal property,
7-13 furniture, computers and other equipment, and files and related
7-14 materials used by the Office of Court Administration of the Texas
7-15 Judicial System in administering the program transferred by this
7-16 Act.
7-17 (c) A form, rule, or procedure adopted by the Office of
7-18 Court Administration of the Texas Judicial System that is in effect
7-19 on the effective date of Section 1 of this Act remains in effect on
7-20 and after that date as if adopted by the attorney general until
7-21 amended, repealed, withdrawn, or otherwise superseded by the
7-22 attorney general.
7-23 (d) An appropriation made to the Office of Court
7-24 Administration of the Texas Judicial System for the operation of
7-25 Subchapter D, Chapter 72, Government Code, is an appropriation to
7-26 the attorney general for the same purpose on the effective date of
7-27 Section 1 of this Act. If Section 1 of this Act takes effect
8-1 October 1, 1993, and an appropriation is made to the attorney
8-2 general for the operation of Subchapter D, Chapter 72, Government
8-3 Code, or Subchapter D, Chapter 34, Family Code, as added by this
8-4 Act, the attorney general may transfer sufficient funds to the
8-5 Office of Court Administration of the Texas Judicial System for the
8-6 operation of that law until October 1, 1993.
8-7 SECTION 3. This Act takes effect on the earliest date that
8-8 the Act may take effect under Article III, Section 39, of the Texas
8-9 Constitution, except that Section 1 of this Act takes effect:
8-10 (1) September 1, 1993, if Section 2 of this Act takes
8-11 effect before the 91st day after the date of the 73rd Legislature,
8-12 Regular Session, 1993, adjourns sine die; or
8-13 (2) October 1, 1993, if Section 2 of this Act takes
8-14 effect on or after the 91st day after the 73rd Legislature, Regular
8-15 Session, 1993, adjourns sine die.
8-16 SECTION 4. The importance of this legislation and the
8-17 crowded condition of the calendars in both houses create an
8-18 emergency and an imperative public necessity that the
8-19 constitutional rule requiring bills to be read on three several
8-20 days in each house be suspended, and this rule is hereby suspended,
8-21 and that this Act take effect and be in force according to its
8-22 terms, and it is so enacted.