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. Subchapter A, Chapter 107, Family Code, is
amended by adding Section 107.0041 to read as follows:
Sec. 107.0041. 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;
(2) the complexity of the case and the time required to
adequately represent the child's interests; and
(3) whether the attorney, during a previous attorney
ad litem appointment for that court, failed to perform the duties
required by Sections 107.003 and 107.004.
SECTION 2. Section 263.401, Family Code, is amended by
amending Subsection (c) and adding Subsection (b-1) to read as
follows:
(b-1) If, after commencement of the initial trial on the
merits in the time described by Subsection (a) or (b), the court
grants a motion for new trial or a mistrial, the court may retain
the suit on the court's docket. If the court retains the suit on the
court's docket, the court shall render an order in which the court:
(1) schedules a new date, not later than the 180th day
after the date the motion for new trial or mistrial is granted, on
which the suit will be dismissed if the new trial has not commenced;
(2) makes further temporary orders for the safety and
welfare of the child as necessary to avoid further delay in
resolving the suit; and
(3) sets the trial on the merits to commence on a date
not later than the date specified under Subdivision (1).
(c) If the court grants an extension under Subsection (b) or
a new trial or mistrial under Subsection (b-1) but does not commence
the trial on the merits before the required new date for dismissal
[under Subsection (b)], the court shall dismiss the suit. The court
may not grant an additional extension that extends the suit beyond
the required date for dismissal under Subsection (b) or (b-1).
SECTION 3. Subtitle F, Title 2, Government Code, is amended
by adding Chapter 78 to read as follows:
CHAPTER 78. COURT DESIGN AND RENOVATION
Sec. 78.001. DEFINITION. In this chapter, "commission"
means the Permanent Judicial Commission for Children, Youth and
Families established by the supreme court.
Sec. 78.002. ACCOMMODATIONS FOR CHILDREN IN COURTS.
(a) The commission shall develop guidelines for courts to use in
developing or creating a child-friendly environment in the court
for children who must attend hearings as part of a child abuse or
neglect case.
(b) The commission shall notify the district or county clerk
of each county of the existence of the guidelines. The commission's
notice must request the clerk to notify the appropriate judges of
the existence of the guidelines.
(c) Each newly created trial court that hears child abuse
and neglect cases shall consider implementing the guidelines
developed under Subsection (a).
(d) The guidelines developed under Subsection (a) do not
affect or modify a law or rule of evidence applicable to a child's
testimony in a civil or criminal child abuse or neglect court case.
SECTION 4. 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 and parents
in child abuse and neglect cases, appropriate training and
education requirements for attorneys involved in child protective
services cases, and the potential need for more oversight and
enforcement. The study should identify specific means for
improving attorney training and should specifically address
substance abuse training. 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 5. This Act takes effect September 1, 2009.