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.