81R8882 MCK-D
By: Watson S.B. No. 1767
A BILL TO BE ENTITLED
AN ACT
relating to practices and procedures in child abuse and neglect
cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 104, Family Code, is amended by adding
Section 104.0015 to read as follows:
Sec. 104.0015. PROCEDURES FOR TESTIMONY OF CHILDREN. The
supreme court, by rule, shall establish procedures to make the
courtroom environment more accommodating to children who must
testify in court.
SECTION 2. Section 107.004(b), Family Code, is amended to
read as follows:
(b) An attorney ad litem appointed for a child in a
proceeding under Chapter 262 or 263 shall complete at least four
[three] hours of continuing legal education relating to child
advocacy as described by Subsection (c) as soon as practicable
after the attorney ad litem's appointment. At least one hour of the
training must relate to substance abuse and its impact on child
abuse and neglect cases. 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.
SECTION 3. Subchapter A, Chapter 107, Family Code, is
amended by adding Sections 107.0041 and 107.0042 to read as
follows:
Sec. 107.0041. ATTORNEY AD LITEM REGISTRY. (a) In this
section, "commission" means the Permanent Judicial Commission for
Children, Youth and Families established by the supreme court.
(b) The commission, in conjunction with the State Bar of
Texas, shall compile an attorney ad litem registry that includes:
(1) the name of each attorney eligible for appointment
as an attorney ad litem for a child; and
(2) a brief description of:
(A) the attorney's qualifications; and
(B) the ad litem training the attorney has
completed.
(c) The commission shall make the registry available:
(1) on the supreme court's Internet website; and
(2) at each courthouse in the state containing a court
that has jurisdiction in family law cases.
Sec. 107.0042. PROCEDURES FOR APPOINTING ATTORNEY AD LITEM.
Before appointing an attorney to serve as an attorney ad litem, the
court must consider:
(1) the ability of the attorney to handle the ad litem
duties in addition to the attorney's other work, including the
number of cases for which the attorney is already serving as an ad
litem; and
(2) the complexity of the case and the time required to
adequately represent the child's interests.
SECTION 4. Subchapter A, Chapter 107, Family Code, is
amended by adding Section 107.0046 to read as follows:
Sec. 107.0046. PROHIBITED APPOINTMENT. A court may not
appoint an attorney to serve as an attorney ad litem for a child if
the attorney, during a previous attorney ad litem appointment,
failed to perform the duties required by Sections 107.003 and
107.004.
SECTION 5. Section 22.110(b), Government Code, is amended
to read as follows:
(b) The court of criminal appeals shall adopt the rules
necessary to accomplish the purposes of this section. The rules
must require each district judge, judge of a statutory county
court, associate judge appointed under Chapter 54 of this code or
Chapter 201, Family Code, master, referee, and magistrate to
complete at least 13 [12] hours of the training within the judge's
first term of office or the judicial officer's first four years of
service and provide a method for certification of completion of
that training. At least one hour of the training must cover the
topic described by Subsection (d)(9). At least four hours of the
training must be dedicated to issues related to child abuse and
neglect and must cover at least two of the topics described in
Subsections (d)(8), (10), (11), and (12) [(d)(8)-(12)]. At least
six hours of the training must be dedicated to the training
described by Subsections (d)(5), (6), and (7). The rules must
require each judge and judicial officer to complete an additional
five hours of training during each additional term in office or four
years of service. At least two hours of the additional training
must be dedicated to issues related to child abuse and neglect. The
rules must exempt from the training requirement of this subsection
each judge or judicial officer who files an affidavit stating that
the judge or judicial officer does not hear any cases involving
family violence, sexual assault, or child abuse and neglect.
SECTION 6. The Permanent Judicial Commission for Children,
Youth and Families established by the Supreme Court of Texas shall
study the best practices for representation of children in child
abuse and neglect cases, appropriate training and education
requirements for judges and attorneys involved in child protective
services cases, and the potential need for more oversight and
enforcement. Not later than October 1, 2010, the commission shall
submit a report containing suggested statutory or rule changes to
the governor, the lieutenant governor, the speaker of the house of
representatives, and the chair of the standing committee of each
house of the legislature with primary jurisdiction over child abuse
and neglect issues.
SECTION 7. (a) The change in law made by this Act to Section
107.004(b), Family Code, applies only to an attorney ad litem for a
child appointed in a proceeding under Chapter 262 or 263, Family
Code, on or after the effective date of this Act. An attorney ad
litem for a child appointed in a proceeding under Chapter 262 or
263, Family Code, before the effective date of this Act 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.
(b) The change in law made by this Act to Section 22.110,
Government Code, regarding the training required in a judge's first
term or judicial officer's first four years of service, applies
only to a judge or judicial officer who has not completed the
initial training related to family violence, sexual assault, and
child abuse and neglect required by that section before September
1, 2009.
SECTION 8. This Act takes effect September 1, 2009.