SECTION 377.109. Contracts with Local Volunteer Advocate Programs

(a) The statewide volunteer advocate organization with which HHSC contracts under §377.107 of this subchapter (relating to Contract with Statewide Local Volunteer Advocate Organization) must contract with local volunteer advocate programs.

(b) Eligibility Requirements for a Local Volunteer Advocate Program.

(1) To be eligible for a contract with the statewide volunteer advocate organization under Texas Family Code §264.602, a local volunteer advocate program must:

(A) operate under the auspices of state or county government, or be incorporated as part of a nonprofit organization;

(B) use individuals appointed as volunteer advocates or guardians ad litem by the court, to provide for the needs of abused or neglected children;

(C) demonstrate that the program has provided court-appointed advocacy services for at least six months;

(D) provide court-appointed advocacy services for at least ten children each month; and

(E) demonstrate that the program has local judicial support.

(2) Local judicial support may be demonstrated by a signed written agreement that defines the working relationship between the local volunteer advocate program and the court with appropriate jurisdiction.

(3) The statewide volunteer advocate organization may not contract with a person that is not eligible under this section. However, the statewide volunteer advocate organization may waive the requirement in paragraph (1)(D) of this subsection for an established program in a rural area or under other special circumstances.

(c) The statewide volunteer advocate organization must consider the following in awarding a contract to a local volunteer advocate program:

(1) the local volunteer advocate program's eligibility for, and use of, funds from local, state, or federal governmental sources, philanthropic organizations, and other sources;

(2) community support for the local volunteer advocate program, as indicated by financial contributions from civic organizations, individuals, and other community resources;

(3) whether the local volunteer advocate program provides services that encourage the permanent placement of children with their families, relatives, or through timely placement with adoptive families; and

(4) whether the local court system endorses and cooperates with the local volunteer advocate program.

(d) Contract Requirements.

(1) A contract between the statewide volunteer advocate organization and a local volunteer advocate program must require the local volunteer advocate program to:

(A) submit quarterly and annual financial reports to the statewide volunteer advocate organization, as determined by HHSC;

(B) submit quarterly and annual reports of performance factors identified by HHSC, and submit such reports to the statewide volunteer advocate organization by the deadlines designated by the statewide volunteer advocate organization;

(C) obtain annual independent financial audits or audited financial statements as required by state or federal law, and provide copies of the auditor's reports and related documents in accordance with the deadlines designated by the statewide volunteer advocate organization;

(D) cooperate with inspections and audits that HHSC makes to ensure service standards and fiscal responsibility; and

(E) provide, at a minimum:

(i) independent and factual information regarding the child, in writing, to the court and to counsel for the parties involved;

(ii) advocacy through the courts for permanent home placement and services for the child;

(iii) monitoring of the child to ensure the child's safety and to prevent the unnecessary relocation of the child to multiple temporary placements;

(iv) reports in writing to the presiding judge and to counsel for the parties involved;

(v) community education relating to child abuse and neglect;

(vi) referrals to existing community services;

(vii) procedures to safeguard the confidentiality of records or information relating to the child;

(viii) a volunteer recruitment and training program, including adequate screening procedures for volunteers; and

(ix) compliance with the standards adopted under Texas Family Code §264.602.

(2) A contract between the statewide volunteer advocate organization and a local volunteer advocate program is enforced through the use of the remedies and in accordance with the procedures provided in the Uniform Grant Management Standards for Texas (UGMS).

(3) A local volunteer advocate program must comply with the requirements and provisions of the contract between the statewide volunteer advocate organization and HHSC.

Source Note: The provisions of this §377.109 adopted to be effective July 11, 2017, 42 TexReg 3477