(a) Application Process.
  (1) Prospective volunteers, employees, and directors must complete:
    (A) a written application;
    (B) personal interview(s); and
    (C) consent and release forms for appropriate background investigations.
  (2) New employees must also complete employee handbook acknowledgment forms.
(b) Volunteers.
  (1) A volunteer must be at least 21 years of age.
  (2) A volunteer may:
    (A) review applicable records;
    (B) facilitate prompt and thorough review of a case;
    (C) interview appropriate parties, including service providers and persons with knowledge of the case, in order to make recommendations regarding the child's best interests;
    (D) attend court hearings; and
    (E) make written recommendations to the court concerning the outcome that would be in the child's best interest.
  (3) A volunteer may not:
    (A) take a child to any location not pre-approved by the advocate program;
    (B) give legal advice or therapeutic counseling;
    (C) make placement arrangements for a child;
    (D) give or lend money or expensive gifts to a child or family;
    (E) take a child on an overnight outing; or
    (F) allow a child to come into contact with someone the volunteer knows or should know has a criminal history involving violence, child abuse, neglect, drugs, or a sexual offense as described under Chapter 21 of the Texas Penal Code.
  (4) A volunteer may, on an individual basis, obtain written permission from the local volunteer advocate program, for an exception to an action listed under paragraph (3) of this subsection. If a request for an exception is made, a volunteer must disclose whether anyone who resides with the volunteer, or with whom the child may come in contact through the volunteer, does not meet the background requirements of §377.117 of this subchapter (relating to Local Volunteer Advocate Program Personnel Background Checks). The basis for electing whether to grant an exception must be documented in the child's case file.
  (5) A volunteer must not be concurrently assigned to more than two cases, unless the assignment is approved by the local volunteer advocate program's executive director or caseworker supervisor.
  (6) A volunteer must not provide foster care to a child in the managing conservatorship of DFPS unless the volunteer is related to the child. This prohibition does not apply to:
    (A) a volunteer with whom DFPS placed a child prior to June 30, 1999; or
    (B) a volunteer with whom a child has been placed by an agency or person other than DFPS and the child is not in the managing conservatorship of DFPS.
  (7) A volunteer may not be assigned to any case in which the volunteer is related to any party.
(c) Employees.
  (1) An employee must be at least 21 years of age.
  (2) If an employee also serves on the board of directors, he or she may not be a voting director.
(d) Board of Directors.
  (1) The board of directors must have at least nine members, with an executive committee composed of, at a minimum, the offices of president, vice president, secretary, and treasurer.
  (2) The bylaws of the local volunteer advocate program must include a rotation of directors for the board, as well as term limits for directors and executive committee officers.
  (3) A director must be at least 21 years of age.
  (4) At least one director from the board must attend applicable annual training provided by the statewide volunteer advocate organization or a national association.
(e) Training.
  (1) A local volunteer advocate program must plan and implement a training and development program for employees and volunteers, and must inform employees and volunteers about:
    (A) the background and needs of children served by the local volunteer advocate program;
    (B) the operation of the court and the child welfare system; and
    (C) the nature and effects of child abuse and neglect.
  (2) A local volunteer advocate program must provide annual orientation for new directors and continuing education for incumbent directors, which must include information on:
    (A) the applicable goals, objectives, and methods of operation of the local volunteer advocate program;
    (B) current local, statewide and national association services;
    (C) the court and child welfare system; and
    (D) program governance.
  (3) A local volunteer advocate training program must consist of at least 30 hours of pre-service training and 12 hours of in-service training per year.
  (4) A local volunteer advocate program must provide cultural diversity training for volunteers, employees, and directors on an annual basis.
  (5) The statewide volunteer advocate organization may review all training and training materials for volunteers, employees, and directors.

Source Note: The provisions of this §377.115 adopted to be effective July 11, 2017, 42 TexReg 3477