                                 CODE OF VIRGINIA

VOLUNTEER COURT-APPOINTED SPECIAL ADVOCATES; POWERS AND DUTIES; ASSIGNMENT;
QUALIFICATIONS; TRAINING (§ 9.1-153)

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&#8217;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 &#xA7; 16.1-274. The report may, upon
   request of the court, include recommendations as to the child&#8217;s welfare.

   3. Monitoring the case to which he is assigned to ensure compliance with the
   court&#8217;s orders.

   4. Assisting the guardian ad litem appointed to represent the child in
   providing effective representation of the child&#8217;s needs and best
   interests.

   5. Reporting a suspected abused or neglected child pursuant to &#xA7;
   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 &#xA7; 2.2-5208, multidisciplinary child sexual
abuse response teams established pursuant to &#xA7; 15.2-1627.5, individualized
education program teams established pursuant to Article 2 (&#xA7; 22.1-213 et
seq.) of Chapter 13 of Title 22.1, and multidisciplinary teams established
pursuant to &#xA7;&#xA7; 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 &#xA7; 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.

HISTORY: 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.