Texas 2017 - 85th Regular

Texas House Bill HB3109

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the appointment of a guardian ad litem or an attorney ad litem for a child in the conservatorship of the Department of Family and Protective Services.

Impact

The proposed changes in HB 3109 focus on the procedural aspects of child welfare cases, specifically how the representation of children is managed in legal situations where the state's involvement is significant. By establishing clearer guidelines for when an attorney ad litem can be discharged and ensuring that representation continues until a child is safely placed in a permanent home, the bill aims to enhance the legal protections provided to these vulnerable individuals. It impacts Colorado's existing statutes, modifying how family law addresses the ongoing needs of children in long-term state care.

Summary

House Bill 3109 seeks to amend the Family Code regarding the appointment of guardian ad litem and attorney ad litem for children under the conservatorship of the Department of Family and Protective Services (DFPS). The legislation aims to ensure that children who are placed under state care receive comprehensive legal representation during proceedings that affect their welfare. This bill emphasizes the necessity for continued representation of the child's interests throughout the legal process, particularly in cases that involve the termination of parental rights.

Sentiment

The sentiment surrounding HB 3109 appears to be largely positive among child welfare advocates and legal professionals who support a strong representation framework for children. Many express that having legal advocates present during these critical moments leads to more favorable outcomes for the children involved. However, there are some concerns regarding the implementation of the bill, as stakeholders worry about resource allocation within DFPS and the potential strain it may impose on the agency's capacity to manage cases effectively.

Contention

Notable points of contention surrounding the bill include discussions on the practicality of ensuring continued representation for all children in conservatorship cases. Critics have raised questions about whether the DFPS has adequate resources to support the increased legal representation requirements. Additionally, some lawmakers express concern about balancing the needs of children with the potential budget implications for state services, which might be strained by an increase in mandated legal appointments.

Companion Bills

TX SB469

Identical Relating to the duration of an appointment of a guardian ad litem or an attorney ad litem for a child in the conservatorship of the Department of Family and Protective Services.

Previously Filed As

TX HB1499

Relating to the duties of court-appointed guardians ad litem, attorneys ad litem, and amicus attorneys in certain suits affecting the parent-child relationship.

TX HB2794

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

TX SB2109

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

TX SB1930

Relating to policies and procedures regarding children placed by the Department of Family and Protective Services in a residential treatment center or qualified residential treatment program.

TX SB1853

Relating to certain procedures in a suit affecting the parent-child relationship for a child placed in the conservatorship of the Department of Family and Protective Services and the provision of family preservation services and community-based foster care.

TX HB30

Relating to the notice provided to certain persons concerning children in the managing conservatorship of the Department of Family and Protective Services.

TX HB1972

Relating to policies and procedures regarding children placed by the Department of Family and Protective Services in a residential treatment center or program.

TX HB4905

Relating to the definition of child neglect and to the appointment of the Department of Family and Protective Services and a child's parent or legal guardian as joint managing conservators of the child.

TX SB2591

Relating to the appointment of the Department of Family and Protective Services and a child's parent or legal guardian as joint managing conservators for the child.

TX SB2548

Relating to the procedures for the removal of certain children in the managing conservatorship of the Department of Family and Protective Services.

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CA AB894

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