Texas 2009 - 81st Regular

Texas Senate Bill SB2434 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R9425 MCK-D
2	2	By: Davis, Wendy S.B. No. 2434
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the appointment of guardians ad litem in suits
8	8	affecting the parent-child relationship.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 107.011, Family Code, is amended by
11	11	amending Subsection (b) and adding Subsection (b-1) to read as
12	12	follows:
13	13	(b) The guardian ad litem appointed for a child under this
14	14	section must [may] be[:
15	15	[(1)] a charitable organization composed of volunteer
16	16	advocates or an individual volunteer advocate appointed under
17	17	Subchapter C if there is an organization or individual volunteer
18	18	advocate in the county in which the court is located that is
19	19	available to serve as guardian ad litem for the child.
20	20	(b-1) If the court is unable to appoint a guardian ad litem
21	21	for the child as provided by Subsection (b), the court may appoint
22	22	one of the following individuals to serve as guardian ad litem:
23	23	(1) [; (2)] an adult having the competence, training,
24	24	and expertise determined by the court to be sufficient to represent
25	25	the best interests of the child; or
26	26	(2) [(3)] an attorney appointed in the dual role.
27	27	SECTION 2. Section 107.021, Family Code, is amended by
28	28	adding Subsections (c) and (d) to read as follows:
29	29	(c) A guardian ad litem for a child appointed under this
30	30	section must be a charitable organization composed of volunteer
31	31	advocates or an individual volunteer advocate appointed under
32	32	Subchapter C if there is an organization or individual volunteer
33	33	advocate in the county in which the court is located that is
34	34	available to serve as guardian ad litem for the child.
35	35	(d) If the court is unable to appoint a guardian ad litem for
36	36	the child as provided by Subsection (c), the court may appoint an
37	37	adult having the competence, training, and expertise determined by
38	38	the court to be sufficient to represent the best interests of the
39	39	child as guardian ad litem for the child.
40	40	SECTION 3. Section 107.031, Family Code, is amended to read
41	41	as follows:
42	42	Sec. 107.031. VOLUNTEER ADVOCATES AS GUARDIANS AD LITEM.
43	43	(a) In a suit filed by a governmental entity requesting termination
44	44	of the parent-child relationship or appointment of the entity as
45	45	conservator of the child, the court shall [may] appoint a
46	46	charitable organization composed of volunteer advocates whose
47	47	charter mandates the provision of services to allegedly abused and
48	48	neglected children or an individual who has received the court's
49	49	approved training regarding abused and neglected children and who
50	50	has been certified by the court to appear at court hearings as a
51	51	guardian ad litem for the child if there is an organization or
52	52	individual volunteer advocate in the county in which the court is
53	53	located that is available to serve as guardian ad litem [or as a
54	54	volunteer advocate] for the child.
55	55	(b) In a suit other than a suit filed by a governmental
56	56	entity requesting termination of the parent-child relationship or
57	57	appointment of the entity as conservator of the child, the court
58	58	shall [may] appoint a charitable organization composed of volunteer
59	59	advocates whose training provides for the provision of services in
60	60	private custody disputes or a person who has received the court's
61	61	approved training regarding the subject matter of the suit and who
62	62	has been certified by the court to appear at court hearings as a
63	63	guardian ad litem for the child if there is an organization or
64	64	individual volunteer advocate in the county in which the court is
65	65	located that is available to serve as guardian ad litem [or as a
66	66	volunteer advocate] for the child. A person appointed under this
67	67	subsection is not entitled to fees under Section 107.023.
68	68	(c) A court-certified volunteer advocate appointed as
69	69	guardian ad litem for a child under this section may be assigned to
70	70	act as a surrogate parent for the child, as provided by 20 U.S.C.
71	71	Section 1415(b), if:
72	72	(1) the child is in the conservatorship of the
73	73	Department of Family and Protective Services; and
74	74	(2) [the volunteer advocate is serving as guardian ad
75	75	litem for the child; and
76	76	[(3)] a foster parent of the child is not acting as the
77	77	child's parent under Section 29.015, Education Code.
78	78	SECTION 4. The changes in law made by this Act apply only to
79	79	a suit affecting the parent-child relationship filed on or after
80	80	the effective date of this Act. A suit affecting the parent-child
81	81	relationship filed before the effective date of this Act is
82	82	governed by the law in effect on the date the suit was filed, and the
83	83	former law is continued in effect for that purpose.
84	84	SECTION 5. This Act takes effect September 1, 2009.