Texas 2015 - 84th Regular

Texas House Bill HB2723 Compare Versions

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Version 2 (New)

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1	1	84R9518 KSD-F
2	2	By: Thompson of Harris H.B. No. 2723
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the appointment of an attorney ad litem for a parent in
8	8	certain suits affecting the parent-child relationship.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 107.013, Family Code, is amended by
11	11	adding Subsection (a-1) and amending Subsections (b) and (d) to
12	12	read as follows:
13	13	(a-1) In a suit described by Subsection (a), if a parent is
14	14	not represented by an attorney at the parent's first appearance in
15	15	court, the court shall inform the parent of:
16	16	(1) the right to be represented by an attorney; and
17	17	(2) if the parent is indigent and appears in
18	18	opposition to the suit, the right to an attorney ad litem appointed
19	19	by the court.
20	20	(b) If both parents of the child are entitled to the
21	21	appointment of an attorney ad litem under this section and the court
22	22	finds that the interests of the parents are not in conflict and that
23	23	there is no history or pattern of past or present family violence by
24	24	one parent directed against the other parent, a spouse, or a child
25	25	of the parties, the court may appoint an attorney ad litem to
26	26	represent the interests of both parents.
27	27	(d) The court shall require a [A] parent who claims
28	28	indigence under Subsection (a) to [must] file an affidavit of
29	29	indigence in accordance with Rule 145(b) of the Texas Rules of Civil
30	30	Procedure before the court may [can] conduct a hearing to determine
31	31	the parent's indigence under this section. The court may consider
32	32	additional evidence at that hearing, including evidence relating to
33	33	the parent's income, source of income, assets, property ownership,
34	34	benefits paid in accordance with a federal, state, or local public
35	35	assistance program, outstanding obligations, and necessary
36	36	expenses and the number and ages of the parent's dependents. If the
37	37	court determines the parent is indigent, the court shall appoint an
38	38	attorney ad litem to represent the parent.
39	39	SECTION 2. Part 1, Subchapter B, Chapter 107, Family Code,
40	40	is amended by adding Section 107.0141 to read as follows:
41	41	Sec. 107.0141. TEMPORARY APPOINTMENT OF ATTORNEY AD LITEM
42	42	FOR CERTAIN PARENTS. (a) The court may appoint an attorney ad
43	43	litem to represent the interests of a parent for a limited period
44	44	beginning at the time the court issues a temporary restraining
45	45	order or attachment of the parent's child under Chapter 262 and
46	46	ending on the court's determination of whether the parent is
47	47	indigent before commencement of the full adversary hearing.
48	48	(b) An attorney ad litem appointed for a parent under this
49	49	section:
50	50	(1) has the powers and duties of an attorney ad litem
51	51	appointed under Section 107.0131; and
52	52	(2) if applicable, shall:
53	53	(A) conduct an investigation regarding the
54	54	petitioner's due diligence in locating and serving citation on the
55	55	parent; and
56	56	(B) interview any party or other person who may
57	57	have information relating to the identity or location of the
58	58	parent.
59	59	(c) If the attorney ad litem identifies and locates the
60	60	parent, the attorney ad litem shall:
61	61	(1) inform the parent of the parent's right to be
62	62	represented by an attorney and of the parent's right to an attorney
63	63	ad litem appointed by the court, if the parent is indigent and
64	64	appears in opposition to the suit;
65	65	(2) if the parent claims indigence and requests an
66	66	attorney ad litem beyond the period of the temporary appointment
67	67	under this section, assist the parent in making a claim of indigence
68	68	for the appointment of an attorney ad litem; and
69	69	(3) assist the parent in preparing for the full
70	70	adversary hearing under Subchapter C, Chapter 262.
71	71	(d) If the court determines the parent is indigent, the
72	72	court may appoint the attorney ad litem to continue to represent the
73	73	parent under Section 107.013(a)(1).
74	74	(e) If the attorney ad litem is unable to identify or locate
75	75	the parent, the attorney ad litem shall submit to the court a
76	76	written summary of the attorney ad litem's efforts to identify or
77	77	locate the parent with a statement that the attorney ad litem was
78	78	unable to identify or locate the parent. On receipt of the summary
79	79	required by this subsection, the court shall discharge the attorney
80	80	ad litem from the appointment.
81	81	(f) If the attorney ad litem identifies or locates the
82	82	parent, and the court determines that the parent is not indigent,
83	83	the court shall discharge the attorney ad litem from the
84	84	appointment.
85	85	SECTION 3. Section 262.201(a-2), Family Code, is amended to
86	86	read as follows:
87	87	(a-2) If a parent claims indigence and requests the
88	88	appointment of an attorney before the full adversary hearing, the
89	89	court shall require the parent to complete and file with the court
90	90	an affidavit of indigence. The court may consider additional
91	91	[hear] evidence to determine whether the parent is indigent,
92	92	including evidence relating to the parent's income, source of
93	93	income, assets, property ownership, benefits paid in accordance
94	94	with a federal, state, or local public assistance program,
95	95	outstanding obligations, and necessary expenses and the number and
96	96	ages of the parent's dependents. If the appointment of an attorney
97	97	for the parent is requested, the court shall make a determination of
98	98	indigence before commencement of the full advisory hearing. If the
99	99	court determines the parent is indigent, the court shall appoint an
100	100	attorney to represent the parent.
101	101	SECTION 4. The changes in law made by this Act apply only to
102	102	a suit affecting the parent-child relationship filed on or after
103	103	the effective date of this Act. A suit affecting the parent-child
104	104	relationship filed before the effective date of this Act is
105	105	governed by the law in effect on the date the suit was filed, and the
106	106	former law is continued in effect for that purpose.
107	107	SECTION 5. This Act takes effect September 1, 2015.