1. (a) The statewide children's advocacy center organization with which HHSC contracts under §377.207 of this subchapter (relating to Contract with Statewide Children's Advocacy Center Organization) contracts with local children's advocacy centers.

2. (b) Eligibility of a Local Children's Advocacy Center to Contract with the Statewide Organization.

   1. (1) To be eligible to contract with the statewide organization under Texas Family Code §264.410, a local children's advocacy center must:

      1. (A) have a signed memorandum of understanding as provided by Texas Family Code §264.403;
      2. (B) operate under the authority of a governing board as provided by Texas Family Code §264.404;
      3. (C) have a multidisciplinary team of persons involved in the investigation or prosecution of child abuse cases, or the delivery of services as provided by Texas Family Code §264.406;
      4. (D) hold regularly scheduled case reviews as provided by Texas Family Code §264.406;
      5. (E) operate in a neutral and physically separate space from the day-to-day operations of any public agency partner;
      6. (F) have developed a method of statistical information-gathering on children receiving services through the center, and share such statistical information with the statewide children's advocacy center organization, DFPS, and HHSC when requested;
      7. (G) have an in-house volunteer program;
      8. (H) employ an executive director who is answerable to the board of directors of the local children's advocacy center and who is not the exclusive salaried employee of any public agency partner; and

      9. (I) operate under a working protocol that includes a statement of:

         1. (i) the local children's advocacy center's mission;
         2. (ii) each participating agency's role and commitment to the local children's advocacy center;
         3. (iii) the type of cases to be handled by the local children's advocacy center;
         4. (iv) the local children's advocacy center's procedure for conducting case reviews and forensic interviews, and for ensuring access to specialized medical and mental health services; and
         5. (v) the local children's advocacy center's policies regarding confidentiality and conflict resolution.
   2. (2) The statewide children's advocacy center organization may waive requirements specified in subsection (b)(1) of this section if it determines that the waiver will not adversely affect the local children's advocacy center's ability to carry out its duties under Texas Family Code §264.405.

3. (c) Requirements for Contracts Awarded to Local Children's Advocacy Centers by the Statewide Children's Advocacy Center Organization.

   1. (1) A contract between the statewide children's advocacy center organization and a local children's advocacy center under Texas Family Code §264.410 must not result in reducing the financial support the local children's advocacy center receives from another source.
   2. (2) A contract between the statewide children's advocacy center organization and a local children's advocacy center under Texas Family Code §264.410 must be enforced through the use of remedies and in accordance with the procedures provided in the Uniform Grant Management Standards for Texas (UGMS).
   3. (3) A contract between the statewide children's advocacy center organization and a local children's advocacy center under Texas Family Code §264.410 must require the local children's advocacy center to comply with the requirements and provisions applicable to local children's advocacy centers contained in the contract between the statewide children's advocacy center organization and HHSC under Texas Family Code §264.409.

Source Note:The provisions of this §377.209 adopted to be effective July 11, 2017, 42 TexReg 3477.