Texas 2011 - 82nd Regular

Texas House Bill HB2965

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the powers and duties of an attorney ad litem appointed for a parent in certain suits affecting the parent-child relationship.

Impact

The proposed changes are intended to improve the representation of parents in legal contexts related to their children. By mandating specific actions that attorneys ad litem must take, the bill seeks to ensure that parents are adequately informed and supported during legal proceedings. The stipulated education requirements also aim to elevate the standards for attorneys working in these sensitive situations, promoting better legal outcomes for families involved in disputes.

Summary

House Bill 2965 introduces amendments to the Texas Family Code, focusing on the powers and duties of an attorney ad litem appointed to represent parents in suits affecting the parent-child relationship. The bill aims to clarify the responsibilities of these attorneys, which include interviewing the parent and relevant parties, investigating case facts, facilitating settlement discussions, and ensuring that the parent’s interests are prioritized throughout legal proceedings. Additionally, it requires attorneys to participate in continuing legal education pertaining to child protection law.

Sentiment

Support for HB 2965 primarily comes from advocates of children’s rights and family law reform, who believe that stronger representation for parents can lead to more equitable outcomes in the judicial system. Conversely, some concerns have been raised about the potential for increased bureaucratic requirements and whether existing attorneys have the capacity to meet the new educational standards, suggesting a divide in sentiment among legal professionals.

Contention

Notable contentions regarding the bill include discussions on its feasibility and the potential implications for current attorneys ad litem. Critics argue that while the intention to enhance the quality of legal representation is valid, the practical application of these requirements may burden already stretched resources in family law cases. Furthermore, the bill specifies disciplinary actions for attorneys who fail to comply with the new requirements, raising questions about enforcement and the impact on attorney practices in Texas.

Companion Bills

TX SB1026

Identical Relating to the powers and duties of an attorney ad litem appointed for a parent or an alleged father in certain suits affecting the parent-child relationship.

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