A. Services in each local court-appointed special advocate program shall be provided by volunteer court-appointed special advocates, hereinafter referred to as advocates. The advocate's duties shall include:
1. Investigating the case to which he is assigned to provide independent factual information to the court.
2. Submitting to the court of a written report of his investigation in compliance with the provisions of § 16.1-274. The report may, upon request of the court, include recommendations as to the child's welfare.
3. Monitoring the case to which he is assigned to ensure compliance with the court's orders.
4. Assisting the guardian ad litem appointed to represent the child in providing 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 shall not call witnesses or examine witnesses. The advocate shall not, with respect to the case to which he is assigned, provide legal counsel or advice to any person, appear as counsel in court or in proceedings which are part of the judicial process, or engage in the unauthorized practice of law. The advocate may testify if called as a witness.
C. The program director shall assign an advocate to a child when requested to do so by the judge of the juvenile and domestic relations district court having jurisdiction over the proceedings. The advocate shall continue his association with each case to which he is assigned until relieved of his duties by the court or by the program director. The program director may assign an advocate to attend and participate in family partnership meetings as defined by the Department of Social Services and in meetings of family assessment and planning teams established pursuant to § 2.2-5208, multidisciplinary child sexual abuse response teams established pursuant to § 15.2-1627.5, individualized education program teams established pursuant to Article 2 (§ 22.1-213 et seq.) of Chapter 13 of Title 22.1, and multidisciplinary teams established pursuant to §§ 63.2-1503 and 63.2-1505.
D. The Department shall adopt regulations governing the qualifications of advocates who for purposes of administering this subsection shall be deemed to be criminal justice employees. The regulations shall require that an advocate be at least twenty-one years of age and that the program director shall obtain with the approval of the court (i) a copy of his criminal history record or certification that no conviction data are maintained on him and (ii) a copy of information from the central registry maintained pursuant to § 63.2-1515 on any investigation of child abuse or neglect undertaken on him or certification that no such record is maintained on him. Advocates selected prior to the adoption of regulations governing qualifications shall meet the minimum requirements set forth in this article.
E. An advocate shall have no associations which create a conflict of interests or the appearance of such a conflict with his duties as an advocate. No advocate shall be assigned to a case of a child whose family has a professional or personal relationship with the advocate. Questions concerning conflicts of interests shall be determined in accordance with regulations adopted by the Department.
F. No applicant shall be assigned as an advocate until successful completion of a program of training required by regulations. The Department shall set standards 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; 2021, Sp. Sess. I, c. 177.
Structure Code of Virginia
Title 9.1 - Commonwealth Public Safety
Chapter 1 - Department of Criminal Justice Services
§ 9.1-100. Department of Criminal Justice Services
§ 9.1-101. (For contingent expiration date, see Acts 2021, Sp. Sess. I, cc. 524 and 542) Definitions
§ 9.1-101. (For contingent effective date, see Acts 2021, Sp. Sess. I, cc. 524 and 542) Definitions
§ 9.1-101.1. Certified mail; subsequent mail or notices may be sent by regular mail
§ 9.1-102. (Effective until January 1, 2023) Powers and duties of the Board and the Department
§ 9.1-102. (Effective January 1, 2023) Powers and duties of the Board and the Department
§ 9.1-102.1. Photo-identification cards
§ 9.1-103. Direct operational responsibilities in law enforcement not authorized
§ 9.1-104. Establishment of victim and witness assistance programs; purpose; guidelines
§ 9.1-105. Intensified Drug Enforcement Jurisdictions Fund
§ 9.1-106. Regional Criminal Justice Academy Training Fund; local fee
§ 9.1-107. Powers and duties of Director
§ 9.1-108.1. Executive Committee; authority; effect of certain actions
§ 9.1-109. Administration of federal programs
§ 9.1-110. School Resource Officer Grants Program and Fund
§ 9.1-112. Committee on Training; membership
§ 9.1-112.1. Criminal justice training academies; curriculum
§ 9.1-113. Compliance with minimum training standards by certain officers; exceptions
§ 9.1-114.1. Compliance with minimum training standards by school resource officers
§ 9.1-116. Exemptions of certain persons from certain training requirements
§ 9.1-116.1. Virginia Sexual and Domestic Violence Victim Fund; purpose; guidelines
§ 9.1-116.3. Virginia Sexual and Domestic Violence Program Professional Standards Committee
§ 9.1-116.4. Virginia Prevention of Sex Trafficking Fund; purpose; guidelines
§ 9.1-116.5. Sex Trafficking Response Coordinator; duties; report
§ 9.1-116.6. Virginia Gun Violence Intervention and Prevention Fund; purpose; guidelines
§ 9.1-116.7. (Expires July 1, 2023) Body-Worn Camera System Fund
§ 9.1-126. Application and construction of article
§ 9.1-129. Participation of state and local agencies in interstate system; access to system limited
§ 9.1-130. Procedures to be adopted by agencies maintaining criminal justice information systems
§ 9.1-132. Individual's right of access to and review and correction of information
§ 9.1-133. Certain information not subject to review or correction
§ 9.1-135. Civil remedies for violation of this chapter or Chapter 23 of Title 19.2
§ 9.1-136. Criminal penalty for violation
§ 9.1-137. Article to control over other laws; exceptions
§ 9.1-139. Licensing, certification, and registration required; qualifications; temporary licenses
§ 9.1-140.1. Registration; waiver of examination; locksmiths
§ 9.1-141. Powers of Board relating to private security services business
§ 9.1-142. Powers of Department relating to private security services businesses
§ 9.1-143. Private Security Services Advisory Board; membership
§ 9.1-145. Fingerprints required; penalty
§ 9.1-146. Limitation on powers of registered armed security officers
§ 9.1-147. Unlawful conduct generally; penalty
§ 9.1-148. Unlawful procurement of a license; penalty
§ 9.1-149. Unlicensed activity prohibited; penalty
§ 9.1-149.1. Unlawful advertisement for regulated services; notice; penalty
§ 9.1-150.4. Unlawful conduct; penalties
§ 9.1-151. Court-Appointed Special Advocate Program; appointment of advisory committee
§ 9.1-152. Local court-appointed special advocate programs; powers and duties
§ 9.1-155. Notice of hearings and proceedings
§ 9.1-156. Inspection and copying of records by advocate; confidentiality of records
§ 9.1-157. Cooperation of state and local entities
§ 9.1-161. Crime prevention specialists; duties
§ 9.1-162. Eligibility for crime prevention specialists
§ 9.1-166. Local governments to receive state funds for law enforcement
§ 9.1-167. Calculation of adjusted crime index; use
§ 9.1-168. Eligibility for funds
§ 9.1-169. Total amount and method of distribution of funds to counties and cities
§ 9.1-170. Distribution of funds to towns
§ 9.1-171. Distribution of discretionary fund
§ 9.1-172. Periodic determination of weights and constants
§ 9.1-173.1. Procedures for treatment of veterans and active service members
§ 9.1-174. Establishment of a community-based probation services agency
§ 9.1-175. Board to prescribe standards; biennial plan
§ 9.1-176. Mandated services; optional services and facilities
§ 9.1-176.1. Duties and responsibilities of local community-based probation officers
§ 9.1-177. Form of oath of office for local community-based probation officers
§ 9.1-178. Community criminal justice boards
§ 9.1-179. Withdrawal from services
§ 9.1-180. Responsibilities of community criminal justice boards
§ 9.1-181. Eligibility to participate
§ 9.1-182. Funding; failure to comply; prohibited use of funds
§ 9.1-183. City or county to act as administrator and fiscal agent
§ 9.1-184. Virginia Center for School and Campus Safety created; duties
§ 9.1-185.1. Inapplicability of this article
§ 9.1-185.2. Powers of the Criminal Justice Services Board relating to bail bondsmen
§ 9.1-185.3. Powers of Department of Criminal Justice Services relating to bail bondsmen
§ 9.1-185.4. Limitations on licensure
§ 9.1-185.5. Bail bondsman licensure requirements
§ 9.1-185.6. Licenses; renewal
§ 9.1-185.7. Licensure of nonresidents
§ 9.1-185.8. Professional conduct standards; grounds for disciplinary actions
§ 9.1-185.9. Solicitation of business; standards; restrictions and requirements
§ 9.1-185.10. Collateral received in the course of business; standards and requirements
§ 9.1-185.11. Firearms, training and usage; standards and requirements
§ 9.1-185.12. Uniforms and identification; standards and restrictions
§ 9.1-185.13. Documentation and recordkeeping standards and requirements
§ 9.1-185.14. Reporting standards and requirements
§ 9.1-185.15. Recovery of bailees; methods of capture; standards and requirements; limitations
§ 9.1-185.16. Department submission to the State Corporation Commission
§ 9.1-185.17. Department submissions to local and regional correctional facilities
§ 9.1-186.1. Inapplicability of article
§ 9.1-186.2. Powers of Department and Board relating to bail enforcement agents
§ 9.1-186.3. Powers of Department relating to bail enforcement agents
§ 9.1-186.4. Limitations on licensure
§ 9.1-186.5. Bail enforcement agent license; criminal history records check
§ 9.1-186.6. Licenses; renewal
§ 9.1-186.7. Licensure of nonresidents
§ 9.1-186.8. Professional conduct standards; grounds for disciplinary actions
§ 9.1-186.9. Firearms, training and usage; standards and requirements
§ 9.1-186.10. Uniforms and identification; standards and restrictions
§ 9.1-186.11. Reporting standards and requirements
§ 9.1-186.12. Recovery of bailees; methods of capture; standards and requirements; limitations
§ 9.1-186.13. Penalties, criminal and monetary
§ 9.1-187. Establishment of crisis intervention team programs
§ 9.1-188. Crisis intervention training program
§ 9.1-189. Crisis intervention team protocol
§ 9.1-190. Crisis intervention team program assessment
§ 9.1-191. Virginia sexual assault forensic examiner coordination program
§ 9.1-192. Community Policing Reporting Database; annual report