Bill Text: TX HB2794 | 2023-2024 | 88th Legislature | Engrossed


Bill Title: Relating to the appointment of a guardian ad litem in certain suits filed by the Department of Family and Protective Services.

Spectrum: Slight Partisan Bill (Republican 15-5)

Status: (Engrossed - Dead) 2023-05-11 - Referred to Jurisprudence [HB2794 Detail]

Download: Texas-2023-HB2794-Engrossed.html
 
 
  By: Lujan, Leo-Wilson, Neave Criado, Bailes, H.B. No. 2794
      Murr, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the appointment of a guardian ad litem in certain suits
  filed by the Department of Family and Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 107.002(b-1), Family Code, is amended to
  read as follows:
         (b-1)  In addition to the duties required by Subsection (b),
  a guardian ad litem appointed for a child in a proceeding under
  Chapter 262 or 263 or Section 264.203 shall:
               (1)  review the medical care provided to the child;
               (2)  in a developmentally appropriate manner, seek to
  elicit the child's opinion on the medical care provided;
               (3)  for a child at least 16 years of age, ascertain
  whether the child has received the following documents:
                     (A)  a certified copy of the child's birth
  certificate;
                     (B)  a social security card or a replacement
  social security card;
                     (C)  a driver's license or personal
  identification certificate under Chapter 521, Transportation Code;
  and
                     (D)  any other personal document the Department of
  Family and Protective Services determines appropriate; and
               (4)  seek to elicit in a developmentally appropriate
  manner the name of any adult, particularly an adult residing in the
  child's community, who could be a relative or designated caregiver
  for the child and immediately provide the names of those
  individuals to the Department of Family and Protective Services.
         SECTION 2.  Section 107.031, Family Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (a-1) to
  read as follows:
         (a)  A [In a suit filed by a governmental entity requesting
  termination of the parent-child relationship or appointment of the
  entity as conservator of the child, the] court may appoint a
  charitable organization composed of volunteer advocates whose
  charter mandates the provision of services to allegedly abused and
  neglected children or an individual who has received the court's
  approved training regarding abused and neglected children and who
  has been certified by the court to appear at court hearings as a
  guardian ad litem for the child or as a volunteer advocate for the
  child in:
               (1)  a suit filed by a governmental entity requesting
  termination of the parent-child relationship or appointment of the
  entity as conservator of the child; or
               (2)  a suit filed by a governmental entity under
  Section 264.203.
         (a-1)  A court that appoints a guardian ad litem under
  Subsection (a) shall prioritize appointments in suits described by
  Subsection (a)(1). A court may not appoint a guardian ad litem in a
  suit described by Subsection (a)(2) unless, at the time the court
  considers the appointment, each suit before the court described by
  Subsection (a)(1) for which a guardian ad litem may be appointed has
  received an appointment.
         (b)  In a suit other than a suit described by Subsection (a)
  [filed by a governmental entity requesting termination of the
  parent-child relationship or appointment of the entity as
  conservator of the child], the court may appoint a charitable
  organization composed of volunteer advocates whose training
  provides for the provision of services in private custody disputes
  or a person who has received the court's approved training
  regarding the subject matter of the suit and who has been certified
  by the court to appear at court hearings as a guardian ad litem for
  the child or as a volunteer advocate for the child. A person
  appointed under this subsection is not entitled to fees under
  Section 107.023.
         SECTION 3.  Section 264.203, Family Code, is amended by
  adding Subsections (g-1), (g-2), (g-3), (g-4), (g-5), and (g-6) to
  read as follows:
         (g-1)  Subject to Section 107.031(a-1), the court may
  appoint a guardian ad litem to represent the best interests of the
  child immediately after the filing of the petition but before the
  hearing.  The guardian ad litem for the child shall have the powers
  and duties of a guardian ad litem for a child under Chapter 107. The
  guardian ad litem appointed for the child may be:
               (1)  a charitable organization composed of volunteer
  advocates or an individual volunteer advocate appointed under
  Subchapter C; or
               (2)  an attorney appointed in a dual role.
         (g-2)  The court may not appoint a guardian ad litem in a suit
  filed by a governmental entity if an attorney is appointed in the
  dual role unless the court appoints another person to serve as
  guardian ad litem for the child and restricts the role of the
  attorney to acting as an attorney ad litem for the child.
         (g-3)  The court may appoint an attorney to serve as guardian
  ad litem for a child without appointing the attorney to serve in the
  dual role only if the attorney is specifically appointed to serve
  only in the role of guardian ad litem. An attorney appointed solely
  as a guardian ad litem:
               (1)  may take only those actions that may be taken by a
  nonattorney guardian ad litem; and
               (2)  may not:
                     (A)  perform legal services in the case; or
                     (B)  take any action that is restricted to a
  licensed attorney, including engaging in discovery other than as a
  witness, making opening and closing statements, or examining
  witnesses.
         (g-4)  The court may appoint the person appointed as guardian
  ad litem for the child under Section 51.11 to also serve as the
  guardian ad litem for the child under this section if the person is
  qualified under Chapter 107 to serve as guardian ad litem.
         (g-5)  In a suit filed under this section, a parent retains
  the parent's legal and parental rights and it is a rebuttable
  presumption that:
               (1)  a parent acts in the best interest of the parent's
  child; and
               (2)  it is in the best interest of a child to be in the
  care, custody, and control of a parent.
         (g-6)  A charitable organization composed of volunteer
  advocates or an individual volunteer advocate appointed as guardian
  ad litem for a child under Subsection (g-1):
               (1)  shall consider the presumptions under Subsection
  (g-5) before making any recommendation to the court; and
               (2)  may not recommend the court order removal of the
  child from the child's parent.
         SECTION 4.  Section 264.601, Family Code, is amended to read
  as follows:
         Sec. 264.601.  DEFINITIONS. In this subchapter:
               (1)  "Allegedly abused [Abused] or neglected child"
  means a child:
                     (A)  who is:
                           (i) [(A)]  the subject of a suit affecting
  the parent-child relationship filed by a governmental entity; and
                           (ii) [(B)]  under the control or supervision
  of the department; or
                     (B)  who is the subject of a suit filed by a
  governmental entity under Section 264.203.
               (2)  "Volunteer advocate program" means a
  volunteer-based, nonprofit program that:
                     (A)  provides advocacy services to allegedly
  abused or neglected children with the goal of promoting [obtaining
  a permanent placement for a child that is in] the child's best
  interest; and
                     (B)  complies with recognized standards for
  volunteer advocate programs.
         SECTION 5.  Section 264.602(a), Family Code, is amended to
  read as follows:
         (a)  The statewide organization with which the commission
  contracts under Section 264.603 shall contract for services with
  eligible volunteer advocate programs to provide advocacy services
  to allegedly abused or neglected children.
         SECTION 6.  Section 264.604(a), Family Code, is amended to
  read as follows:
         (a)  A person is eligible for a contract under Section
  264.602 only if the person is a public or private nonprofit entity
  that operates a volunteer advocate program that:
               (1)  uses individuals appointed as volunteer advocates
  or guardians ad litem by the court to provide for the needs of
  allegedly abused or neglected children;
               (2)  has provided court-appointed advocacy services
  for at least six months;
               (3)  provides court-appointed advocacy services for at
  least 10 children each month; and
               (4)  has demonstrated that the program has local
  judicial support.
         SECTION 7.  Section 264.606, Family Code, is amended to read
  as follows:
         Sec. 264.606.  CRITERIA FOR AWARD OF CONTRACTS. The
  statewide organization with which the commission contracts under
  Section 264.603 shall consider the following in awarding a contract
  under Section 264.602:
               (1)  the volunteer advocate program's eligibility for
  and use of funds from local, state, or federal governmental
  sources, philanthropic organizations, and other sources;
               (2)  community support for the volunteer advocate
  program as indicated by financial contributions from civic
  organizations, individuals, and other community resources;
               (3)  whether the volunteer advocate program provides
  services that promote the best interest of children [encourage the
  permanent placement of children through reunification with their
  families or timely placement with an adoptive family]; and
               (4)  whether the volunteer advocate program has the
  endorsement and cooperation of the local juvenile court system.
         SECTION 8.  Section 264.607, Family Code, is amended to read
  as follows:
         Sec. 264.607.  CONTRACT REQUIREMENTS. The commission shall
  require that a contract under Section 264.602 require the volunteer
  advocate program to:
               (1)  make quarterly and annual financial reports on a
  form provided by the commission;
               (2)  cooperate with inspections and audits that the
  commission makes to ensure service standards and fiscal
  responsibility; and
               (3)  provide as a minimum:
                     (A)  independent and factual information in
  writing to the court and to counsel for the parties involved
  regarding the child;
                     (B)  advocacy through the courts for the best
  interest of the child [permanent home placement and rehabilitation
  services for the child];
                     (C)  monitoring of the child to ensure the safety
  of the child and to prevent unnecessary movement of the child to
  multiple temporary placements;
                     (D)  reports in writing to the presiding judge and
  to counsel for the parties involved;
                     (E)  community education relating to child abuse
  and neglect;
                     (F)  referral services to existing community
  services;
                     (G)  a volunteer recruitment and training
  program, including adequate screening procedures for volunteers;
                     (H)  procedures to assure the confidentiality of
  records or information relating to the child; and
                     (I)  compliance with the standards adopted under
  Section 264.602.
         SECTION 9.  The changes in law made by this Act apply to a
  suit filed by a governmental entity that is pending in a trial court
  on or filed on or after the effective date of this Act.
         SECTION 10.  This Act takes effect September 1, 2023.
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