| 1 | 1 | | 81R11317 MCK-D |
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| 2 | 2 | | By: Rose H.B. No. 4157 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to court appointed volunteer advocates in certain suits |
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| 8 | 8 | | affecting the parent-child relationship. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 107.023(a), Family Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) In a suit other than a suit filed by a governmental |
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| 13 | 13 | | entity requesting termination of the parent-child relationship or |
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| 14 | 14 | | appointment of the entity as conservator of the child, in addition |
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| 15 | 15 | | to the attorney's fees that may be awarded under Chapter 106, the |
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| 16 | 16 | | following persons are entitled to reasonable fees and expenses in |
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| 17 | 17 | | an amount set by the court and ordered to be paid by one or more |
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| 18 | 18 | | parties to the suit: |
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| 19 | 19 | | (1) an attorney appointed as an amicus attorney or as |
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| 20 | 20 | | an attorney ad litem for the child; and |
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| 21 | 21 | | (2) a professional who holds a relevant professional |
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| 22 | 22 | | license and who is appointed as guardian ad litem for the child[, |
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| 23 | 23 | | other than a volunteer advocate]. |
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| 24 | 24 | | SECTION 2. Sections 107.031(a) and (b), Family Code, are |
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| 25 | 25 | | amended to read as follows: |
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| 26 | 26 | | (a) In a suit filed by a governmental entity requesting |
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| 27 | 27 | | termination of the parent-child relationship or appointment of the |
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| 28 | 28 | | entity as conservator of the child, the court shall [may] appoint a |
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| 29 | 29 | | charitable organization composed of volunteer advocates whose |
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| 30 | 30 | | charter mandates the provision of services to allegedly abused and |
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| 31 | 31 | | neglected children or an individual who has received the court's |
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| 32 | 32 | | approved training regarding abused and neglected children and who |
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| 33 | 33 | | has been certified by the court to appear at court hearings as a |
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| 34 | 34 | | guardian ad litem for the child or as a volunteer advocate for the |
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| 35 | 35 | | child. |
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| 36 | 36 | | (b) In a suit other than a suit filed by a governmental |
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| 37 | 37 | | entity requesting termination of the parent-child relationship or |
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| 38 | 38 | | appointment of the entity as conservator of the child, the court |
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| 39 | 39 | | shall [may] appoint a charitable organization composed of volunteer |
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| 40 | 40 | | advocates whose training provides for the provision of services in |
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| 41 | 41 | | private custody disputes or a person who has received the court's |
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| 42 | 42 | | approved training regarding the subject matter of the suit and who |
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| 43 | 43 | | has been certified by the court to appear at court hearings as a |
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| 44 | 44 | | guardian ad litem for the child or as a volunteer advocate for the |
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| 45 | 45 | | child. [A person appointed under this subsection is not entitled |
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| 46 | 46 | | to fees under Section 107.023.] |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2009. |
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