Bill Text: TX HB2361 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to a study regarding the appointment and use of attorneys ad litem in cases involving the Department of Family and Protective Services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-20 - Referred to Juvenile Justice & Family Issues [HB2361 Detail]
Download: Texas-2017-HB2361-Introduced.html
| 85R9458 MM-D | ||
| By: Frank | H.B. No. 2361 | |
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| relating to a study regarding the appointment and use of attorneys | ||
| ad litem in cases involving the Department of Family and Protective | ||
| Services. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. (a) In this section: | ||
| (1) "Attorney ad litem" has the meaning assigned by | ||
| Section 107.001, Family Code. | ||
| (2) "Commission" means the Permanent Judicial | ||
| Commission for Children, Youth and Families established by the | ||
| supreme court. | ||
| (b) The commission shall study the appointment and use of | ||
| attorneys ad litem in cases involving the Department of Family and | ||
| Protective Services. The commission shall: | ||
| (1) examine: | ||
| (A) the method for appointing attorneys ad litem; | ||
| (B) the oversight and accountability measures | ||
| used across the state to monitor attorneys ad litem; | ||
| (C) the methods by which qualifications for | ||
| appointment as an attorney ad litem and training requirements for | ||
| an attorney ad litem are established and enforced; | ||
| (D) the timing of and duration of appointments; | ||
| (E) the rate of compensation for appointments and | ||
| the method for establishing compensation rates across the state; | ||
| (F) the quality of representation and methods for | ||
| assessing performance of attorneys ad litem; | ||
| (G) the pretrial and posttrial client | ||
| satisfaction with representation by attorneys ad litem | ||
| representing parents and attorneys ad litem representing children; | ||
| (H) organizational studies and national | ||
| standards related to the workload of attorneys ad litem; | ||
| (I) the best practices for attorneys ad litem; | ||
| and | ||
| (J) the estimated and average costs associated | ||
| with legal representation by an attorney ad litem per child | ||
| compared with the costs associated with foster care per child; | ||
| (2) conduct a survey of attorneys ad litem about the | ||
| attorney's training, including: | ||
| (A) the attorney's legal education; | ||
| (B) whether the attorney is certified as a | ||
| specialist by the Texas Board of Legal Specialization in any area of | ||
| law; and | ||
| (C) the professional standards followed by the | ||
| attorney; | ||
| (3) perform a statistical analysis of the data and | ||
| information collected under Subdivisions (1) and (2) of this | ||
| subsection; and | ||
| (4) develop policy recommendations for improving the | ||
| attorney ad litem appointment process. | ||
| (c) The commission shall prepare a report based on the | ||
| findings of the study conducted under this section and shall submit | ||
| the report to each member of the legislature not later than | ||
| September 1, 2018. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
