2006 Code of Virginia § 9.1-153 - Volunteer court-appointed special advocates; powers and duties; assignment; qualifications; trainin...

9.1-153. Volunteer court-appointed special advocates; powers and duties;assignment; qualifications; training.

A. Services in each local court-appointed special advocate program shall beprovided by volunteer court-appointed special advocates, hereinafter referredto as advocates. The advocate's duties shall include:

1. Investigating the case to which he is assigned to provide independentfactual information to the court.

2. Submitting to the court of a written report of his investigation incompliance with the provisions of 16.1-274. The report may, upon request ofthe court, include recommendations as to the child's welfare.

3. Monitoring the case to which he is assigned to ensure compliance with thecourt's orders.

4. Assisting any appointed guardian ad litem to represent the child inproviding effective representation of the child's needs and best interests.

5. Reporting a suspected abused or neglected child pursuant to 63.2-1509.

B. The advocate is not a party to the case to which he is assigned and shallnot call witnesses or examine witnesses. The advocate shall not, with respectto the case to which he is assigned, provide legal counsel or advice to anyperson, appear as counsel in court or in proceedings which are part of thejudicial process, or engage in the unauthorized practice of law. The advocatemay testify if called as a witness.

C. The program director shall assign an advocate to a child when requested todo so by the judge of the juvenile and domestic relations district courthaving jurisdiction over the proceedings. The advocate shall continue hisassociation with each case to which he is assigned until relieved of hisduties by the court or by the program director.

D. The Department shall adopt regulations governing the qualifications ofadvocates who for purposes of administering this subsection shall be deemedto be criminal justice employees. The regulations shall require that anadvocate be at least twenty-one years of age and that the program directorshall obtain with the approval of the court (i) a copy of his criminalhistory record or certification that no conviction data are maintained on himand (ii) a copy of information from the central registry maintained pursuantto 63.2-1515 on any investigation of child abuse or neglect undertaken onhim or certification that no such record is maintained on him. Advocatesselected prior to the adoption of regulations governing qualifications shallmeet the minimum requirements set forth in this article.

E. An advocate shall have no associations which create a conflict ofinterests or the appearance of such a conflict with his duties as anadvocate. No advocate shall be assigned to a case of a child whose family hasa professional or personal relationship with the advocate. Questionsconcerning conflicts of interests shall be determined in accordance withregulations adopted by the Department.

F. No applicant shall be assigned as an advocate until successful completionof a program of training required by regulations. The Department shall setstandards for both basic and ongoing training.

(1990, c. 752, 9-173.8; 1994, cc. 700, 830; 1997, c. 606; 1999, c. 606;2001, c. 844.)