By: Montford S.B. No. 1505
A BILL TO BE ENTITLED
AN ACT
1-1 relating to court-appointed volunteer advocate programs.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 34.602(a), Family Code, is amended to
1-4 read as follows:
1-5 (a) The one statewide organization of individuals or groups
1-6 of individuals with which the attorney general has entered into a
1-7 contract pursuant to Section 34.603 of this code shall contract for
1-8 services with <each> eligible volunteer advocate programs <program>
1-9 to expand the existing services of the program.
1-10 SECTION 2. Section 34.603, Family Code, is amended to read
1-11 as follows:
1-12 (a) The attorney general shall contract with one statewide
1-13 organization of individuals or groups of individuals who have
1-14 expertise in the dynamics of child abuse and neglect and experience
1-15 in operating volunteer advocate programs<:>
1-16 <(1)> for the provision of training, technical
1-17 assistance, and evaluation services for the benefit of local
1-18 volunteer advocate programs<; and>
1-19 <(2) to manage the attorney general's contracts under
1-20 Section 34.602 of this code>.
1-21 (b) The contract shall provide that no more than 12 percent
1-22 of the annual legislative appropriation to implement this chapter
1-23 may be expended for administration by the one statewide
2-1 organization of individuals or group of individuals with whom the
2-2 attorney general contracts under this section.
2-3 SECTION 3. Section 34.604(b), Family Code, is amended to
2-4 read as follows:
2-5 (b) The one statewide organization of individuals or groups
2-6 of individuals with which the attorney general has entered into a
2-7 contract pursuant to Section 34.603 of this code may not contract
2-8 with a person that is not eligible under this section; however, the
2-9 one statewide organization of individuals or groups of individuals
2-10 with which the attorney general has entered into a contract
2-11 pursuant to Section 34.603 of this code may waive the requirement
2-12 in Subsection (a)(3) of this section for established programs in
2-13 rural areas or under other special circumstances.
2-14 SECTION 4. Section 34.606, Family Code, is amended to read
2-15 as follows:
2-16 The one statewide organization of individuals or groups of
2-17 individuals with which the attorney general shall enter into a
2-18 contract pursuant to Section 34.603 of this code shall consider the
2-19 following factors in awarding a contract under Section 34.602 of
2-20 this code:
2-21 (1) the volunteer advocate program's eligibility for
2-22 and use of funds from local, state, or federal governmental
2-23 sources, philanthropic organizations, and other sources;
2-24 (2) community support for the volunteer advocate
2-25 program as indicated by financial contributions from civic
3-1 organizations, individuals, and other community resources;
3-2 (3) whether the volunteer advocate program services
3-3 that encourage the permanent placement of children through
3-4 reunification with their families or timely placement with an
3-5 adoptive family; and
3-6 (4) whether the volunteer advocate program has the
3-7 endorsement and cooperation of the local juvenile court system.
3-8 SECTION 5. Section 34.607, Family Code is amended by
3-9 amending Subsections (a) and (b) to read as follows:
3-10 (a) The attorney general shall require that a contract under
3-11 Section 34.602 of this code requires <require> the volunteer
3-12 advocate program to:
3-13 (1) make quarterly and annual financial reports on a
3-14 form provided by the attorney general;
3-15 (2) cooperate with inspections and audits that the
3-16 attorney general makes to ensure service standards and fiscal
3-17 responsibility;
3-18 (3) provide as a minimum:
3-19 (A) independent and factual information to the
3-20 court regarding the child;
3-21 (B) advocacy through the courts for permanent
3-22 home placement and rehabilitation services for the child;
3-23 (C) monitoring of the child to ensure the safety
3-24 of the child and to prevent unnecessary movement of the child to
3-25 multiple temporary placements;
4-1 (D) reports to the presiding judge and to
4-2 counsel for the parties involved;
4-3 (E) community education relating to child abuse
4-4 and neglect;
4-5 (F) referral services to existing community
4-6 services;
4-7 (G) a volunteer recruitment and training
4-8 program, including adequate screening procedures for volunteers;
4-9 and
4-10 (H) procedures to assure the confidentiality of
4-11 records or information relating to the child.
4-12 (b) The one statewide organization of individuals or groups
4-13 of individuals with which the attorney general has entered into a
4-14 contract pursuant to Section 34.603 of this code may require that a
4-15 contract under Section 34.602 of this code require the volunteer
4-16 advocate program to use forms provided by the attorney general.
4-17 SECTION 6. Section 34.612, Family Code, is amended to read
4-18 as follows:
4-19 (a) The attorney general may solicit and receive grants or
4-20 money from either private or public sources, including
4-21 appropriation by the legislature from the general revenue fund, to
4-22 implement this chapter.
4-23 (b) The need for and importance of the implementation of
4-24 this chapter by the attorney general require priority and
4-25 preferential consideration for appropriation.
5-1 <(c) The attorney general may not use more than six percent
5-2 of the annual legislative appropriation it receives to implement
5-3 this chapter for administration and not more than six percent
5-4 annually for the contract described in Section 34.603 of this
5-5 chapter.>
5-6 SECTION 7. This Act takes effect September 1, 1995.
5-7 SECTION 8. The importance of this legislation and the
5-8 crowded condition of the calendars in both houses create an
5-9 emergency and an imperative public necessity that the
5-10 constitutional rule requiring bills to be read on three several
5-11 days in each house be suspended, and this rule is hereby suspended.