Bill Text: TX HB2965 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the powers and duties of an attorney ad litem appointed for a parent in certain suits affecting the parent-child relationship.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-17 - Referred to Judiciary & Civil Jurisprudence [HB2965 Detail]
Download: Texas-2011-HB2965-Introduced.html
| 82R6739 KSD-F | ||
| By: Naishtat | H.B. No. 2965 | |
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| relating to the powers and duties of an attorney ad litem appointed | ||
| for a parent in certain suits affecting the parent-child | ||
| relationship. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 107, Family Code, is | ||
| amended by adding Sections 107.0131 and 107.0132 to read as | ||
| follows: | ||
| Sec. 107.0131. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR | ||
| PARENT. (a) An attorney ad litem appointed under Section 107.013 | ||
| to represent the interests of a parent, including an alleged | ||
| father: | ||
| (1) shall: | ||
| (A) subject to Rules 4.02, 4.03, and 4.04, Texas | ||
| Disciplinary Rules of Professional Conduct, and within a reasonable | ||
| time after the appointment, interview: | ||
| (i) the parent, unless the parent's | ||
| location is unknown; | ||
| (ii) each person who has significant | ||
| knowledge of the case; and | ||
| (iii) the parties to the suit; | ||
| (B) investigate the facts of the case; | ||
| (C) obtain and review copies of relevant records; | ||
| (D) take any action consistent with the parent's | ||
| interests that the attorney ad litem considers necessary to | ||
| expedite the proceedings; | ||
| (E) encourage settlement and the use of | ||
| alternative forms of dispute resolution; | ||
| (F) review and sign, or decline to sign, a | ||
| proposed or agreed order affecting the parent; | ||
| (G) meet before each court hearing with the | ||
| parent, unless the court: | ||
| (i) finds at that hearing that the attorney | ||
| ad litem has shown good cause why the attorney ad litem's compliance | ||
| is not feasible or in the best interest of the parent; or | ||
| (ii) on a showing of good cause, authorizes | ||
| the attorney ad litem to comply by conferring with the parent, as | ||
| appropriate, by telephone or video conference; | ||
| (H) become familiar with the American Bar | ||
| Association's standards of practice for attorneys who represent | ||
| parents in abuse and neglect cases; and | ||
| (I) complete at least three hours of continuing | ||
| legal education relating to child protection law as described by | ||
| Subsection (b) as soon as practicable after the attorney ad litem is | ||
| appointed, unless the court finds that the attorney ad litem has | ||
| experience equivalent to that education; | ||
| (2) must be trained in child protection law or have | ||
| experience determined by the court to be equivalent to that | ||
| training; and | ||
| (3) is entitled to: | ||
| (A) request clarification from the court if the | ||
| role of the attorney ad litem is ambiguous; | ||
| (B) request a hearing or trial on the merits; | ||
| (C) consent or refuse to consent to an interview | ||
| of the parent by another attorney; | ||
| (D) receive a copy of each pleading or other | ||
| paper filed with the court; | ||
| (E) receive notice of each hearing in the suit; | ||
| (F) participate in any case staffing concerning | ||
| the parent or child conducted by an authorized agency; and | ||
| (G) attend all legal proceedings in the suit. | ||
| (b) The continuing legal education required by Subsection | ||
| (a)(1)(I) must: | ||
| (1) be low-cost and available to persons throughout | ||
| this state, including on the Internet provided through the State | ||
| Bar of Texas; and | ||
| (2) focus on the duties of an attorney ad litem in, and | ||
| the procedures of and best practices for, a proceeding under | ||
| Chapter 262 or 263. | ||
| Sec. 107.0132. DISCIPLINE OF ATTORNEY AD LITEM FOR PARENT. | ||
| An attorney ad litem appointed for a parent, including an alleged | ||
| father, who fails to perform the duties required by Section | ||
| 107.0131 is subject to disciplinary action under Subchapter E, | ||
| Chapter 81, Government Code. | ||
| SECTION 2. Sections 107.0131 and 107.0132, Family Code, as | ||
| added by this Act, apply only to an attorney ad litem in a suit | ||
| affecting the parent-child relationship appointed on or after the | ||
| effective date of this Act. An attorney ad litem appointed before | ||
| that date is governed by the law in effect on the date the attorney | ||
| ad litem was appointed, and the former law is continued in effect | ||
| for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
