| 1 | 1 | | 84R11852 KKA-D |
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| 2 | 2 | | By: Bettencourt S.B. No. 1217 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the duty of an attorney ad litem appointed for a child |
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| 8 | 8 | | to meet with the child before court hearings. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 107.004(d), (d-1), and (e), Family |
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| 11 | 11 | | Code, are amended to read as follows: |
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| 12 | 12 | | (d) Except as provided by Subsection (e): |
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| 13 | 13 | | (1) [,] an attorney ad litem appointed for a child in a |
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| 14 | 14 | | proceeding under Chapter 262 or 263 or a representative of the |
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| 15 | 15 | | attorney ad litem shall[: |
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| 16 | 16 | | [(1)] meet before each court hearing with: |
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| 17 | 17 | | (A) the child, if the child is at least four years |
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| 18 | 18 | | of age; or |
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| 19 | 19 | | (B) the individual with whom the child ordinarily |
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| 20 | 20 | | resides, including the child's parent, conservator, guardian, |
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| 21 | 21 | | caretaker, or custodian, if the child is younger than four years of |
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| 22 | 22 | | age; and |
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| 23 | 23 | | (2) if the child or individual is not present at the |
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| 24 | 24 | | court hearing, the attorney ad litem shall file a written statement |
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| 25 | 25 | | with the court indicating that the attorney ad litem complied with |
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| 26 | 26 | | Subdivision (1). |
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| 27 | 27 | | (d-1) A meeting required by Subsection (d) must take place: |
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| 28 | 28 | | (1) a sufficient time before the hearing to allow the |
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| 29 | 29 | | attorney ad litem to prepare for the hearing in accordance with the |
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| 30 | 30 | | child's expressed objectives of representation; and |
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| 31 | 31 | | (2) in a private setting that allows for confidential |
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| 32 | 32 | | communications between the attorney ad litem or representative and |
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| 33 | 33 | | the child or individual with whom the child ordinarily resides, as |
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| 34 | 34 | | applicable. |
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| 35 | 35 | | (e) An attorney ad litem appointed for a child in a |
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| 36 | 36 | | proceeding under Chapter 262 or 263 is not required to comply with |
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| 37 | 37 | | Subsection (d) before a hearing if the court finds at that hearing |
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| 38 | 38 | | that the attorney ad litem has shown good cause why the attorney ad |
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| 39 | 39 | | litem's compliance with that subsection is not feasible or in the |
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| 40 | 40 | | best interest of the child. Additionally, a court may, on a showing |
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| 41 | 41 | | of good cause, authorize an attorney ad litem to comply with |
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| 42 | 42 | | Subsection (d) by conferring or having a representative confer with |
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| 43 | 43 | | the child or other individual, as appropriate, by telephone or |
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| 44 | 44 | | video conference. |
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| 45 | 45 | | SECTION 2. This Act takes effect September 1, 2015. |
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