By: Herrero, Naishtat, Kent, Bolton H.B. No. 1943
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of volunteer advocates as guardians ad
litem in suits affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 107.031, Family Code, is amended to read
as follows:
Sec. 107.031. VOLUNTEER ADVOCATES AS GUARDIANS AD LITEM.
(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 if the court makes a determination that it is in the best
interest of the child to appoint the child's attorney ad litem in
the dual role.
(b) In a suit other than 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 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.
(c) A court-certified volunteer advocate appointed as
guardian ad litem for a child under this section may be assigned to
act as a surrogate parent for the child, as provided by 20 U.S.C.
Section 1415(b), if:
(1) the child is in the conservatorship of the
Department of Family and Protective Services; and
(2) [the volunteer advocate is serving as guardian ad
litem for the child; and
[(3)] a foster parent of the child is not acting as the
child's parent under Section 29.015, Education Code.
SECTION 2. 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 the effective date of this Act is
governed by the law in effect on the date the suit was filed, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.