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

   1. (1) assess victims of child abuse and their families to determine their need for services relating to the investigation of child abuse;
   2. (2) provide the services needed;
   3. (3) provide a facility at which a multidisciplinary team appointed under Texas Family Code §264.406 can meet to facilitate the efficient and appropriate disposition of child abuse cases through the civil and criminal justice systems; and
   4. (4) coordinate the activities of governmental entities that are involved with child abuse investigations and the delivery of services to child abuse victims and their families.

2. (b) Board of Directors of a Local Children's Advocacy Center.

   1. (1) A local children's advocacy center must be governed by a board of directors. In addition to other persons appointed or elected to serve on the board of directors, the board of directors must include an executive officer of or an employee selected by an executive officer of each of the following:

      1. (A) a law enforcement agency that investigates child abuse in the area served by the center;
      2. (B) DFPS's Child Protective Services division; and
      3. (C) the county or district attorney's office involved in the prosecution of child abuse cases in the area served by the center.
   2. (2) Service on the board of a local children's advocacy center by a public officer or employee is an additional duty of the person's office or employment.

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

   1. (1) A local children's advocacy center's multidisciplinary team must include employees of the participating agencies, who are professionals involved in the investigation or prosecution of child abuse cases.
   2. (2) A local children's advocacy center's multidisciplinary team may also include professionals involved in the delivery of services, including medical and mental health services, to child abuse victims and the victims' families.

   3. (3) A multidisciplinary team must meet at regularly scheduled intervals to:

      1. (A) review child abuse cases determined to be appropriate for review by the multidisciplinary team; and
      2. (B) coordinate the actions of the entities involved in the investigation and prosecution of the cases and the delivery of services to the child abuse victims and the victims' families.
   4. (4) A multidisciplinary team may review a child abuse case in which the alleged perpetrator does not have custodial control or supervision of the child or is not responsible for the child's welfare or care.
   5. (5) When acting in the member's official capacity, a multidisciplinary team member is authorized to receive information made confidential by Texas Human Resources Code §40.005 or Texas Family Code §261.201 or §264.408.

4. (d) Liability.

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

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

   1. (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 to:

      1. (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
      2. (B) the attorney for the child who is the subject of the records, and a court-appointed volunteer advocate appointed for the child under Texas Family Code §107.031.
   2. (2) Information related to the investigation of a report of abuse or neglect under Texas Family Code Chapter 261, and services provided as a result of the investigation, are confidential as provided by Texas Family Code §261.201.
   3. (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.
   4. (4) A video recording of an interview of a child 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. If no criminal prosecution occurs, the video recording is the property of the attorney involved in representing DFPS in a civil action alleging child abuse or neglect. If the matter involving the child is not pursued either civilly or criminally, the video recording is the property of DFPS, if the matter is an investigation by DFPS of abuse or neglect. If DFPS is not investigating or has not investigated the matter, the video recording is the property of the agency that referred the matter to the local children's advocacy center.
   5. (5) DFPS must be allowed access to a local children's advocacy center's video-recorded interviews of children.

Source Note:The provisions of this §377.211 adopted to be effective July 11, 2017, 42 TexReg 3477.