Tex. Fam. Code § 264.601-264.606

TEXAS FAMILY CODE Chapter 264, Subchapter G — COURT-APPOINTED VOLUNTEER ADVOCATE PROGRAMS CHAPTER 264 • CHILD WELFARE SERVICES Subchapter G: COURT-APPOINTED VOLUNTEER ADVOCATE PROGRAMS Sec. 264.601. DEFINITIONS. In this subchapter: (1) "Abused or neglected child" means a child who is: (A) the subject of a suit affecting the parent-child relationship filed by a governmental entity; and (B) under the control or supervision of the department. (1-a) "Active volunteer advocate" means an individual who: (A) has been trained by a volunteer advocate program in accordance with recognized standards for volunteer advocate programs; and (B) is currently serving as a volunteer advocate on at least one child's case. (1-b) "Inactive volunteer advocate" means an individual who: (A) has been trained by a volunteer advocate program in accordance with recognized standards for volunteer advocate programs; and (B) is not currently serving as a volunteer advocate. (2) "Volunteer advocate program" means a volunteer-based, nonprofit program that: (A) provides advocacy services to abused or neglected children with the goal of obtaining a permanent placement for a child that is in the child's best interest; and (B) complies with recognized standards for volunteer advocate programs. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1224 (S.B. 1369), Sec. 3, eff. September 1, 2009. Acts 2023, 88th Leg., R.S., Ch. 119 (H.B. 474), Sec. 1, eff. September 1, 2023. Sec. 264.602. CONTRACTS WITH ADVOCATE PROGRAMS. (a) The statewide organization with which the commission contracts under Section 264.603 shall contract for services with eligible volunteer advocate programs to provide advocacy services to abused or neglected children. (b) The contract under this secti ts under Section 264.603 shall contract for services with eligible volunteer advocate programs to provide advocacy services to abused or neglected children. (b) The contract under this section may not result in reducing the financial support a volunteer advocate program receives from another source. (c) The commission shall develop a scale of state financial support for volunteer advocate programs that declines over a six-year period beginning on the date each individual contract takes effect. After the end of the six-year period, the commission may not provide more than 50 percent of the volunteer advocate program's funding. (d) The executive commissioner by rule shall adopt standards for a local volunteer advocate program. The statewide organization shall assist the executive commissioner in developing the standards. (e) The department, in cooperation with the statewide organization with which the commission contracts under Section 264.603 and other interested agencies, shall support the expansion of court-appointed volunteer advocate programs into counties in which there is a need for the programs. In expanding into a county, a program shall work to ensure the independence of the program, to the extent possible, by establishing community support and accessing private funding from the community for the program. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 264, Subchapter G — COURT-APPOINTED VOLUNTEER ADVOCATE PROGRAMS (f) Expenses incurred by a volunteer advocate program to promote public awareness of the need for volunteer advocates or to explain the work performed by volunteer advocates that are paid with money from the commission volunteer advocate program account under Section 504.611, Transportation Code, are not considered administrative expenses for the purpose of Section 264.603(b). Added by Acts 1995, 74th commission volunteer advocate program account under Section 504.611, Transportation Code, are not considered administrative expenses for the purpose of Section 264.603(b). Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 118, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1294, Sec. 7, eff. Sept. 1, 1997. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.61, eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 1224 (S.B. 1369), Sec. 4, eff. September 1, 2009. Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 4, eff. September 1, 2015. Sec. 264.603. ADMINISTRATIVE CONTRACTS. (a) The commission shall contract with one statewide organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code and that is composed of individuals or groups of individuals who have expertise in the dynamics of child abuse and neglect and experience in operating volunteer advocate programs to provide training, technical assistance, and evaluation services for the benefit of local volunteer advocate programs. The contract shall: (1) include measurable goals and objectives relating to the number of: (A) active volunteer advocates in the program; (B) inactive volunteer advocates in the program; and (C) children receiving services from the program; and (2) follow practices designed to ensure compliance with standards referenced in the contract. (b) The contract under this section shall provide that not more than 12 percent of the annual legislative appropriation to implement this subchapter may be spent for administrative purposes by the statewide organization with which the commission contracts under this section. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 119, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 600, tracts under this section. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 119, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 600, Sec. 20, eff. Sept. 1, 1997. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1224 (S.B. 1369), Sec. 5, eff. September 1, 2009. Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 5, eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 98 (S.B. 1156), Sec. 1, eff. May 24, 2021. Acts 2021, 87th Leg., R.S., Ch. 855 (S.B. 799), Sec. 17, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 119 (H.B. 474), Sec. 2, eff. September 1, 2023. Sec. 264.604. ELIGIBILITY FOR CONTRACTS. (a) A person is eligible for a contract under Section 264.602 only if the person is a public or private nonprofit entity that operates a volunteer advocate program that: (1) uses individuals appointed as volunteer advocates or guardians ad litem by the court to provide for the needs of abused or neglected children; (2) has provided court-appointed advocacy services for at least six months; (3) provides court-appointed advocacy services for at least 10 children each month; (4) has demonstrated that the program has local judicial support; (5) has adopted a grievance procedure to address complaints regarding negligence or misconduct related to a volunteer advocate's duties under Section 107.002; and Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 264, Subchapter G — COURT-APPOINTED VOLUNTEER ADVOCATE PROGRAMS (6) maintains accurate records regarding active volunteer advocates and inactive volunteer advocates under the program. (b) The statewide organization with which the commission contracts under Section 264.603 may not contract with a person that is not eligible under this section. However, the statewide organization may waive the requirement in Subsection (a)(3) for an established program in a rural are 3 may not contract with a person that is not eligible under this section. However, the statewide organization may waive the requirement in Subsection (a)(3) for an established program in a rural area or under other special circumstances. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 120, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1294, Sec. 8, eff. Sept. 1, 1997. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1224 (S.B. 1369), Sec. 6, eff. September 1, 2009. Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 6, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 119 (H.B. 474), Sec. 3, eff. September 1, 2023. Sec. 264.605. CONTRACT FORM. A person shall apply for a contract under Section 264.602 on a form provided by the commission. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 7, eff. September 1, 2015. Sec. 264.606. CRITERIA FOR AWARD OF CONTRACTS. The statewide organization with which the commission contracts under Section 264.603 shall consider the following in awarding a contract under Section 264.602: (1) the 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 volunteer advocate program as indicated by financial contributions from civic organizations, individuals, and other community resources; (3) whether the volunteer advocate program provides services that encourage the permanent placement of children through reunification with their families or timely placement with an adoptive family; and (4) whether the volunteer advocate program has the endorsement and cooperation of the local juvenile court system. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 121, eff. Sept. 1 e endorsement and cooperation of the local juvenile court system. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 121, eff. Sept. 1, 1995. Amended by: Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 8, eff. September 1, 2015. Sec. 264.607. CONTRACT REQUIREMENTS. The commission shall require that a contract under Section 264.602 require the volunteer advocate program to: (1) make quarterly and annual financial reports on a form provided by the commission; (2) cooperate with inspections and audits that the commission makes to ensure service standards and fiscal responsibility; and (3) provide as a minimum: (A) independent and factual information in writing to the court and to counsel for the parties involved regarding the child; (B) advocacy through the courts for permanent home placement and rehabilitation services for the child; (C) monitoring of the child to ensure the safety of the child and to prevent unnecessary movement of the child to multiple temporary placements; (D) reports in writing to the presiding judge and to counsel for the parties involved; (E) community education relating to child abuse and neglect; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 264, Subchapter G — COURT-APPOINTED VOLUNTEER ADVOCATE PROGRAMS (F) referral services to existing community services; (G) a volunteer recruitment and training program, including adequate screening procedures for volunteers; (H) procedures to assure the confidentiality of records or information relating to the child; and (I) compliance with the standards adopted under Section 264.602. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 122, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1294, Sec. 9, eff. Sept. 1, 1997. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1224 (S.B. 136 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 122, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1294, Sec. 9, eff. Sept. 1, 1997. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1224 (S.B. 1369), Sec. 7, eff. September 1, 2009. Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 9, eff. September 1, 2015. Sec. 264.608. REPORT TO THE LEGISLATURE. (a) Not later than December 1 of each year, the commission shall publish a report that: (1) summarizes reports from volunteer advocate programs under contract with the commission; (2) analyzes the effectiveness of the contracts made by the commission under this chapter; and (3) provides information on: (A) the expenditure of funds under this chapter; (B) services provided and the number of children for whom the services were provided; and (C) any other information relating to the services provided by the volunteer advocate programs under this chapter. (b) The commission shall submit copies of the report to the governor, lieutenant governor, speaker of the house of representatives, Legislative Budget Board, and members of the legislature. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 21, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 10, eff. September 1, 2015. Sec. 264.609. RULE-MAKING AUTHORITY. The executive commissioner may adopt rules necessary to implement this subchapter. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 11, eff. September 1, 2015. Sec. 264.610. CONFIDENTIALITY. The commission may not disclose information gained through reports, collected case data, or inspections that would identify a person working at or receiving services from a volunteer advocate program. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2015, 84th Leg., R.S., d identify a person working at or receiving services from a volunteer advocate program. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 12, eff. September 1, 2015. Sec. 264.611. CONSULTATIONS. In implementing this chapter, the commission shall consult with individuals or groups of individuals who have expertise in the dynamics of child abuse and neglect and experience in operating volunteer advocate programs. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 13, eff. September 1, 2015. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 264, Subchapter G — COURT-APPOINTED VOLUNTEER ADVOCATE PROGRAMS Sec. 264.612. FUNDING. (a) The commission may solicit and receive grants or money from either private or public sources, including by appropriation by the legislature from the general revenue fund, to implement this chapter. (b) The need for and importance of the implementation of this chapter by the commission requires priority and preferential consideration for appropriation. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 128, eff. Sept. 1, 1995. Amended by: Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 14, eff. September 1, 2015. Sec. 264.613. USE OF INFORMATION AND RECORDS; CONFIDENTIALITY. (a) The files, reports, records, communications, and working papers used or developed in providing services under this subchapter are confidential and not subject to disclosure under Chapter 552, Government Code, and may only be disclosed for purposes consistent with this subchapter. (b) Information described by Subsection (a) may be disclosed to: (1) the department, department employees, law enforcement agencies, prosecuting attorneys, medical s consistent with this subchapter. (b) Information described by Subsection (a) may be disclosed to: (1) the department, department employees, law enforcement agencies, prosecuting attorneys, medical professionals, and other state agencies that provide services to children and families; (2) the attorney for the child who is the subject of the information; and (3) eligible children's advocacy centers. (c) Information related to the investigation of a report of abuse or neglect of a child under Chapter 261 and services provided as a result of the investigation are confidential as provided by Section 261.201. Added by Acts 2001, 77th Leg., ch. 142, Sec. 1, eff. May 16, 2001. Sec. 264.614. INTERNET APPLICATION FOR CASE TRACKING AND INFORMATION MANAGEMENT SYSTEM. (a) Subject to the availability of money as described by Subsection (c), the department shall develop an Internet application that allows a court-appointed volunteer advocate representing a child in the managing conservatorship of the department to access the child's case file through the department's automated case tracking and information management system and to add the volunteer advocate's findings and reports to the child's case file. (b) The court-appointed volunteer advocate shall maintain the confidentiality required by this chapter and department rule for the information accessed by the advocate through the system described by Subsection (a). (c) The department may use money appropriated to the department and money received as a gift, grant, or donation to pay for the costs of developing and maintaining the Internet application required by Subsection (a). The department may solicit and accept gifts, grants, and donations of any kind and from any source for purposes of this section. (d) The executive commissioner shall adopt rules necessary to implement this section. Added by Acts 2013, 83rd Leg., R.S., Ch. 205 (H.B. 1227), Sec. 1, eff. September 1, 2013. Amended by: Acts 2015, 84 The executive commissioner shall adopt rules necessary to implement this section. Added by Acts 2013, 83rd Leg., R.S., Ch. 205 (H.B. 1227), Sec. 1, eff. September 1, 2013. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.200, eff. April 2, 2015. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5