82R6739 KSD-F
By: Naishtat H.B. No. 2965
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of an attorney ad litem appointed
for a parent in certain suits affecting the parent-child
relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 107, Family Code, is
amended by adding Sections 107.0131 and 107.0132 to read as
follows:
Sec. 107.0131. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR
PARENT. (a) An attorney ad litem appointed under Section 107.013
to represent the interests of a parent, including an alleged
father:
(1) shall:
(A) subject to Rules 4.02, 4.03, and 4.04, Texas
Disciplinary Rules of Professional Conduct, and within a reasonable
time after the appointment, interview:
(i) the parent, unless the parent's
location is unknown;
(ii) each person who has significant
knowledge of the case; and
(iii) the parties to the suit;
(B) investigate the facts of the case;
(C) obtain and review copies of relevant records;
(D) take any action consistent with the parent's
interests that the attorney ad litem considers necessary to
expedite the proceedings;
(E) encourage settlement and the use of
alternative forms of dispute resolution;
(F) review and sign, or decline to sign, a
proposed or agreed order affecting the parent;
(G) meet before each court hearing with the
parent, unless the court:
(i) finds at that hearing that the attorney
ad litem has shown good cause why the attorney ad litem's compliance
is not feasible or in the best interest of the parent; or
(ii) on a showing of good cause, authorizes
the attorney ad litem to comply by conferring with the parent, as
appropriate, by telephone or video conference;
(H) become familiar with the American Bar
Association's standards of practice for attorneys who represent
parents in abuse and neglect cases; and
(I) complete at least three hours of continuing
legal education relating to child protection law as described by
Subsection (b) as soon as practicable after the attorney ad litem is
appointed, unless the court finds that the attorney ad litem has
experience equivalent to that education;
(2) must be trained in child protection law or have
experience determined by the court to be equivalent to that
training; and
(3) is entitled to:
(A) request clarification from the court if the
role of the attorney ad litem is ambiguous;
(B) request a hearing or trial on the merits;
(C) consent or refuse to consent to an interview
of the parent by another attorney;
(D) receive a copy of each pleading or other
paper filed with the court;
(E) receive notice of each hearing in the suit;
(F) participate in any case staffing concerning
the parent or child conducted by an authorized agency; and
(G) attend all legal proceedings in the suit.
(b) The continuing legal education required by Subsection
(a)(1)(I) must:
(1) be low-cost and available to persons throughout
this state, including on the Internet provided through the State
Bar of Texas; and
(2) focus on the duties of an attorney ad litem in, and
the procedures of and best practices for, a proceeding under
Chapter 262 or 263.
Sec. 107.0132. DISCIPLINE OF ATTORNEY AD LITEM FOR PARENT.
An attorney ad litem appointed for a parent, including an alleged
father, who fails to perform the duties required by Section
107.0131 is subject to disciplinary action under Subchapter E,
Chapter 81, Government Code.
SECTION 2. Sections 107.0131 and 107.0132, Family Code, as
added by this Act, apply only to an attorney ad litem in a suit
affecting the parent-child relationship appointed on or after the
effective date of this Act. An attorney ad litem appointed before
that date 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.
SECTION 3. This Act takes effect September 1, 2011.