S.B. No. 1759

	AN ACT
	relating to the procedures for the appointment of and the duties of
	attorneys ad litem in certain suits affecting the parent-child
	relationship.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 107.004, Family Code, is amended by
	amending Subsections (b) and (c) and adding Subsection (b-1) to
	read as follows:
	(b)  An attorney ad litem appointed for a child in a
	proceeding under Subtitle E [Chapter 262 or 263] shall complete at
	least three hours of continuing legal education relating to
	representing children in child protection cases [advocacy] as
	described by Subsection (c) as soon as practicable after the
	attorney ad litem is appointed [litem's appointment].  An attorney
	ad litem is not required to comply with this subsection if the court
	finds that the attorney ad litem has experience equivalent to the
	required education.
	(b-1)  An attorney who is on the list maintained by the court
	as being qualified for appointment as an attorney ad litem for a
	child in a child protection case must complete at least three hours
	of continuing legal education relating to the representation of a
	child in a proceeding under Subtitle E each year before the
	anniversary date of the attorney's listing.
	(c)  The continuing legal education required by Subsections
	[Subsection] (b) and (b-1) 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, representing a child in a
	proceeding under Subtitle E [Chapter 262 or 263].
	SECTION 2.  Subsection (a), Section 107.013, Family Code, is
	amended to read as follows:
	(a)  In a suit filed by a governmental entity under Subtitle
	E in which termination of the parent-child relationship or the
	appointment of a conservator for a child is requested, the court
	shall appoint an attorney ad litem to represent the interests of:
	(1)  an indigent parent of the child who responds in
	opposition to the termination or appointment;
	(2)  a parent served by citation by publication;
	(3)  an alleged father who failed to register with the
	registry under Chapter 160 and whose identity or location is
	unknown; and
	(4)  an alleged father who registered with the
	paternity registry under Chapter 160, but the petitioner's attempt
	to personally serve citation at the address provided to the
	registry and at any other address for the alleged father known by
	the petitioner has been unsuccessful.
	SECTION 3.  Section 107.0131, Family Code, is amended 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:
	(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)  to ensure competent representation at
	hearings, mediations, pretrial matters, and the trial on the
	merits:
	(i)  obtain and review copies of all court
	files in the suit during the attorney ad litem's course of
	representation; and
	(ii)  when necessary, conduct formal
	discovery under the Texas Rules of Civil Procedure or the discovery
	control plan;
	(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
	(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)  abide by the parent's objectives for
	representation;
	(I)  become familiar with the American Bar
	Association's standards of practice for attorneys who represent
	parents in abuse and neglect cases; and
	(J) [(I)]  complete at least three hours of
	continuing legal education relating to representing parents in
	child protection cases [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; and
	[(J)     abide by the parent's objectives of
	representation;]
	(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 conducted by
	the Department of Family and Protective Services in which the
	parent is invited to participate, including, as appropriate, a case
	staffing to develop a family plan of service, a family group
	conference, a permanency conference, a mediation, a case staffing
	to plan for the discharge and return of the child to the parent, and
	any other case staffing that the department determines would be
	appropriate for the parent to attend, but excluding any internal
	department staffing or staffing between the department and the
	department's legal representative; and
	(G)  attend all legal proceedings in the suit.
	(b)  The continuing legal education required by Subsection
	(a)(1)(J) [(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, representing a parent in a
	proceeding under Subtitle E [Chapter 262 or 263].
	(c)  An attorney who is on the list maintained by the court as
	being qualified for appointment as an attorney ad litem for a parent
	in a child protection case must complete at least three hours of
	continuing legal education relating to the representation of a
	parent in a proceeding under Subtitle E each year before the
	anniversary date of the attorney's listing.
	SECTION 4.  Subsections (a) and (d), Section 107.0132,
	Family Code, are amended to read as follows:
	(a)  Except as provided by Subsections (b) and (d), an [An]
	attorney ad litem appointed under Section 107.013 to represent the
	interests of an alleged father is only required to [shall]:
	(1)  conduct an investigation regarding the
	petitioner's due diligence in locating the alleged father,
	including by verifying that the petitioner has obtained a
	certificate of the results of a search of the paternity registry
	under Chapter 160;
	(2)  interview any party or other person who has
	significant knowledge of the case who may have information relating
	to the identity or location of the alleged father; and
	(3)  conduct an independent investigation to identify
	or locate the alleged father, as applicable.
	(d)  If the attorney ad litem is unable to identify or locate
	the alleged father, the attorney ad litem shall submit to the court
	a written summary of the attorney ad litem's efforts to identify or
	locate the alleged father with a statement that the attorney ad
	litem was unable to identify or locate the alleged father.  On
	receipt of the summary required by this subsection, the court shall
	discharge the attorney from the appointment.
	SECTION 5.  Part 1, Subchapter B, Chapter 107, Family Code,
	is amended by adding Section 107.014 to read as follows:
	Sec. 107.014.  POWERS AND DUTIES OF ATTORNEY AD LITEM FOR
	CERTAIN PARENTS. (a)  Except as provided by Subsections (b) and
	(e), an attorney ad litem appointed under Section 107.013 to
	represent the interests of a parent whose identity or location is
	unknown or who has been served by citation by publication is only
	required to:
	(1)  conduct an investigation regarding the
	petitioner's due diligence in locating the parent;
	(2)  interview any party or other person who has
	significant knowledge of the case who may have information relating
	to the identity or location of the parent; and
	(3)  conduct an independent investigation to identify
	or locate the parent, as applicable.
	(b)  If the attorney ad litem identifies and locates the
	parent, the attorney ad litem shall:
	(1)  provide to each party and the court the parent's
	name and address and any other available locating information
	unless the court finds that:
	(A)  disclosure of a parent's address is likely to
	cause that parent harassment, serious harm, or injury; or
	(B)  the parent has been a victim of family
	violence; and
	(2)  if appropriate, assist the parent in making a
	claim of indigence for the appointment of an attorney.
	(c)  If the court makes a finding described by Subsection
	(b)(1)(A) or (B), the court may:
	(1)  order that the information not be disclosed; or
	(2)  render any other order the court considers
	necessary.
	(d)  If the court determines the parent is indigent, the
	court may appoint the attorney ad litem to continue to represent the
	parent under Section 107.013(a)(1).
	(e)  If the attorney ad litem is unable to identify or locate
	the parent, the attorney ad litem shall submit to the court a
	written summary of the attorney ad litem's efforts to identify or
	locate the parent with a statement that the attorney ad litem was
	unable to identify or locate the parent.  On receipt of the summary
	required by this subsection, the court shall discharge the attorney
	from the appointment.
	SECTION 6.  Subsection (d), Section 262.1015, Family Code,
	is amended to read as follows:
	(d)  A temporary restraining order under this section
	expires not later than the 14th day after the date the order was
	rendered, unless the court grants an extension under Section
	262.201(a-3).
	SECTION 7.  Section 262.102, Family Code, is amended by
	adding Subsection (d) to read as follows:
	(d)  The temporary restraining order or attachment of a child
	rendered by the court must contain the following statement
	prominently displayed in boldface type, capital letters, or
	underlined:
	"YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY. IF YOU
	ARE INDIGENT AND UNABLE TO AFFORD AN ATTORNEY, YOU HAVE THE RIGHT TO
	REQUEST THE APPOINTMENT OF AN ATTORNEY BY CONTACTING THE COURT AT
	[ADDRESS], [TELEPHONE NUMBER]. IF YOU APPEAR IN OPPOSITION TO THE
	SUIT, CLAIM INDIGENCE, AND REQUEST THE APPOINTMENT OF AN ATTORNEY,
	THE COURT WILL REQUIRE YOU TO SIGN AN AFFIDAVIT OF INDIGENCE AND THE
	COURT MAY HEAR EVIDENCE TO DETERMINE IF YOU ARE INDIGENT. IF THE
	COURT DETERMINES YOU ARE INDIGENT AND ELIGIBLE FOR APPOINTMENT OF
	AN ATTORNEY, THE COURT WILL APPOINT AN ATTORNEY TO REPRESENT YOU."
	SECTION 8.  Section 262.103, Family Code, is amended to read
	as follows:
	Sec. 262.103.  DURATION OF TEMPORARY RESTRAINING ORDER AND
	ATTACHMENT. A temporary restraining order or attachment of the
	child issued under this chapter expires not later than 14 days after
	the date it is issued unless it is extended as provided by the Texas
	Rules of Civil Procedure or Section 262.201(a-3).
	SECTION 9.  Section 262.201, Family Code, is amended by
	amending Subsection (a) and adding Subsections (a-1), (a-2), and
	(a-3) to read as follows:
	(a)  Unless the child has already been returned to the
	parent, managing conservator, possessory conservator, guardian,
	caretaker, or custodian entitled to possession and the temporary
	order, if any, has been dissolved, a full adversary hearing shall be
	held not later than the 14th day after the date the child was taken
	into possession by the governmental entity, unless the court grants
	an extension under Subsection (a-3).
	(a-1)  Before commencement of the full adversary hearing,
	the court must inform each parent not represented by an attorney of:
	(1)  the right to be represented by an attorney; and
	(2)  if a parent is indigent and appears in opposition
	to the suit, the right to a court-appointed attorney.
	(a-2)  If a parent claims indigence and requests the
	appointment of an attorney before the full adversary hearing, the
	court shall require the parent to complete and file with the court
	an affidavit of indigence.  The court may hear evidence to determine
	whether the parent is indigent.  If the court determines the parent
	is indigent, the court shall appoint an attorney to represent the
	parent.
	(a-3)  The court may, for good cause shown, postpone the full
	adversary hearing for not more than seven days from the date of the
	attorney's appointment to provide the attorney time to respond to
	the petition and prepare for the hearing. The court may shorten or
	lengthen the extension granted under this subsection if the parent
	and the appointed attorney agree in writing. If the court postpones
	the full adversary hearing, the court shall extend a temporary
	restraining order issued by the court for the protection of the
	child until the date of the rescheduled full adversary hearing.
	SECTION 10.  Subchapter A, Chapter 263, Family Code, is
	amended by adding Section 263.0061 to read as follows:
	Sec. 263.0061.  NOTICE TO PARENTS OF RIGHT TO COUNSEL.
	(a)  At the status hearing under Subchapter C and at each
	permanency hearing under Subchapter D held after the date the court
	renders a temporary order appointing the department as temporary
	managing conservator of a child, the court shall inform each parent
	not represented by an attorney of:
	(1)  the right to be represented by an attorney; and
	(2)  if a parent is indigent and appears in opposition
	to the suit, the right to a court-appointed attorney.
	(b)  If a parent claims indigence and requests the
	appointment of an attorney in a proceeding described by Subsection
	(a), the court shall require the parent to complete and file with
	the court an affidavit of indigence.  The court may hear evidence to
	determine whether the parent is indigent.  If the court determines
	the parent is indigent, the court shall appoint an attorney to
	represent the parent.
	SECTION 11.  Subsection (c), Section 107.013, Family Code,
	is repealed.
	SECTION 12.  The changes in law made by this Act apply only
	to a suit affecting the parent-child relationship filed on or after
	the effective date of this Act. A suit affecting the parent-child
	relationship filed before that date is governed by the law in effect
	on the date the suit was filed, and that law is continued in effect
	for that purpose.
	SECTION 13.  This Act takes effect September 1, 2013.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1759 passed the Senate on
	April 18, 2013, by the following vote:  Yeas 30, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1759 passed the House on
	May 20, 2013, by the following vote:  Yeas 147, Nays 0, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor