81R9425 MCK-D
By: Davis, Wendy S.B. No. 2434
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of guardians ad litem in suits
affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 107.011, Family Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) The guardian ad litem appointed for a child under this
section must [may] be[:
[(1)] a charitable organization composed of volunteer
advocates or an individual volunteer advocate appointed under
Subchapter C if there is an organization or individual volunteer
advocate in the county in which the court is located that is
available to serve as guardian ad litem for the child.
(b-1) If the court is unable to appoint a guardian ad litem
for the child as provided by Subsection (b), the court may appoint
one of the following individuals to serve as guardian ad litem:
(1) [; (2)] an adult having the competence, training,
and expertise determined by the court to be sufficient to represent
the best interests of the child; or
(2) [(3)] an attorney appointed in the dual role.
SECTION 2. Section 107.021, Family Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) A guardian ad litem for a child appointed under this
section must be a charitable organization composed of volunteer
advocates or an individual volunteer advocate appointed under
Subchapter C if there is an organization or individual volunteer
advocate in the county in which the court is located that is
available to serve as guardian ad litem for the child.
(d) If the court is unable to appoint a guardian ad litem for
the child as provided by Subsection (c), the court may appoint an
adult having the competence, training, and expertise determined by
the court to be sufficient to represent the best interests of the
child as guardian ad litem for the child.
SECTION 3. 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 shall [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 if there is an organization or
individual volunteer advocate in the county in which the court is
located that is available to serve as guardian ad litem [or as a
volunteer advocate] for the child.
(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
shall [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 if there is an organization or
individual volunteer advocate in the county in which the court is
located that is available to serve as guardian ad litem [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 4. 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 5. This Act takes effect September 1, 2009.