SECTION 377.211. Operation of Local Children's Advocacy Center and Program

(a) A local children's advocacy center must:

(1) receive, review, and track Department of Family and Protective Services (DFPS) reports relating to the suspected abuse or neglect of a child or the death of a child from abuse or neglect to ensure a consistent, comprehensive approach to all cases that meet the criteria outlined in the multidisciplinary team working protocol adopted under Texas Family Code §264.4031;

(2) coordinate the activities of participating agencies relating to abuse and neglect investigations and delivery of services to alleged abuse and neglect victims and their families;

(3) facilitate assessment of alleged abuse or neglect victims and their families to determine their need for services relating to the investigation of abuse or neglect and provide needed services; and

(4) comply with the standards adopted under Texas Family Code §264.409(c).

(b) A local children's advocacy center must provide:

(1) facilitation of a multidisciplinary team response to abuse or neglect allegations in accordance with Texas Family Code §264.4061;

(2) a formal process that requires the multidisciplinary team to routinely discuss and share information regarding investigations, case status, and services needed by children and families;

(3) a system to monitor the progress and track the outcome of each case;

(4) a child-focused setting that is comfortable, private, and physically and psychologically safe for diverse populations at which a multidisciplinary team can meet to facilitate the efficient and appropriate disposition of abuse and neglect cases through the civil and criminal justice systems;

(5) culturally competent services for children and families throughout the duration of a case;

(6) victim support and advocacy services for children and families;

(7) forensic interviews that are conducted in a neutral, fact-finding manner and coordinated to avoid duplicative interviewing;

(8) access to specialized medical evaluations and treatment services for victims of alleged abuse or neglect;

(9) evidence-based, trauma-focused mental health services for children and nonoffending members of the child's family; and

(10) opportunities for community involvement through a formalized volunteer program dedicated to supporting the local children's advocacy center.

(c) Governing Board of a Local Children's Advocacy Center.

(1) A local children's advocacy center must be governed by a board. In addition to any other persons appointed or elected to serve on the governing board of a local children's advocacy center, the governing board must include an executive officer of, or an employee with decision-making authority selected by an executive officer of:

(A) DFPS;

(B) a law enforcement agency with jurisdiction to investigate child abuse and neglect in the area served by the local children's advocacy center; and

(C) the county or district attorney's office with jurisdiction to prosecute child abuse and neglect cases in the area served by the local children's advocacy center.

(2) Service on the board of a local children's advocacy center by an executive officer or employee, under paragraph (1) of this subsection, is an additional duty of the person's office or employment.

(3) The governing board members required under paragraph (1) of this subsection may not constitute a majority of the membership of a local children's advocacy center's governing board.

(d) Multidisciplinary Team of a Local Children's Advocacy Center.

(1) A local children's advocacy center's multidisciplinary team must include employees of the participating agencies described by Texas Family Code §264.403(a).

(2) A representative of any other entity may participate in the multidisciplinary team response as provided by the multidisciplinary team working protocol adopted under Texas Family Code §264.4031 if:

(A) the entity participates in or provides the following:

(i) child abuse or neglect investigations;

(ii) abuse or neglect investigations involving persons with a disability;

(iii) services to alleged child abuse or neglect victims; or

(iv) services to alleged victims who are persons with a disability;

(B) the local children's advocacy center and participating agencies agree in writing to the entity's participation; and

(C) the entity signs the memorandum of understating executed under Texas Family Code §264.403 and the working protocol adopted under Texas Family Code §264.4031.

(3) A local children's advocacy center's multidisciplinary team shall be actively involved in the following multidisciplinary team response:

(A) coordinating the actions of the participating agencies involved in the investigation and prosecution of cases and the delivery of services to alleged abuse or neglect victims and the victims' families; and

(B) conducting at regularly scheduled intervals multidisciplinary review of appropriate abuse or neglect cases as provided by the working protocol adopted under Texas Family Code §264.4031.

(4) A multidisciplinary team may review an abuse or neglect case in which the alleged perpetrator is not a person responsible for a child's care, custody, or welfare.

(5) A multidisciplinary team member is authorized to share with and receive from other multidisciplinary team members information made confidential by Texas Government Code Chapter 552, Texas Human Resources Code §40.005 or §48.101, or Texas Family Code §261.201 or §264.408 when acting in the member's official capacity as an employee of a participating agency described by Texas Family Code §264.403(a) or of another entity described by Texas Family Code 264.406(b).

(e) Liability.

(1) A person is not liable for civil damages based on a recommendation made or an opinion rendered in good faith, while acting in the official scope of the person's duties as a member of a multidisciplinary team or as a board member, staff member, or volunteer of a local children's advocacy center.

(2) This limitation on civil liability does not apply if a person's actions constitute gross negligence.

(f) Confidentiality Requirements Placed on a Local Children's Advocacy Center.

(1) In accordance with Texas Family Code §264.408, the files, reports, records, communications, and working papers used or developed in providing services under Texas Family Code Chapter 264 are confidential. This information is not subject to public release under Texas Government Code Chapter 552 and may be disclosed only for purposes consistent with Texas Family Code Chapter 264 without losing its confidential character. Disclosure may be made to:

(A) DFPS, DFPS employees, law enforcement agencies, prosecuting attorneys, medical professionals, and other state or local agencies that provide services to children and families; and

(B) the attorney for the alleged victim who is the subject of the records and a court-appointed volunteer advocate appointed for the alleged victim under Texas Family Code §107.031.

(2) Information related to the investigation of a report of abuse or neglect under Texas Family Code Chapter 261, and to the services provided as a result of the investigation, are confidential as provided by Texas Family Code §261.201.

(3) DFPS, a law enforcement agency, and a prosecuting attorney may share with a local children's advocacy center information that is confidential under Texas Family Code §261.201 as needed to provide services under Texas Family Code Chapter 264. Confidential information shared with or provided to a local children's advocacy center remains the confidential property of the agency that shared or provided the information to the local children's advocacy center. A request for confidential information provided to the local children's advocacy center under Texas Family Code §264.408 must be made to the agency that shared or provided the information.

(4) An electronic recording of an interview with a child or person with a disability that is made by a local children's advocacy center is the property of the prosecuting attorney involved in the criminal prosecution of the case involving the child or person with a disability. If no criminal prosecution occurs, the electronic recording is the property of the attorney involved in representing DFPS in a civil action alleging abuse, neglect, or exploitation. If the matter involving the child or person with a disability is not prosecuted, the electronic recording is the property of DFPS, if the matter is an investigation by DFPS of abuse, neglect, or exploitation. If DFPS is not investigating or has not investigated the matter, the electronic recording is the property of the agency that referred the matter to the local children's advocacy center.

(5) DFPS must be allowed access to a local children's advocacy center's electronic recordings of interviews of children or persons with a disability.

Source Note: The provisions of this §377.211 adopted to be effective July 11, 2017, 42 TexReg 3477; amended to be effective July 22, 2020, 45 TexReg 4965