84R11852 KKA-D
By: Bettencourt S.B. No. 1217
A BILL TO BE ENTITLED
AN ACT
relating to the duty of an attorney ad litem appointed for a child
to meet with the child before court hearings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 107.004(d), (d-1), and (e), Family
Code, are amended to read as follows:
(d) Except as provided by Subsection (e):
(1) [,] an attorney ad litem appointed for a child in a
proceeding under Chapter 262 or 263 or a representative of the
attorney ad litem shall[:
[(1)] meet before each court hearing with:
(A) the child, if the child is at least four years
of age; or
(B) the individual with whom the child ordinarily
resides, including the child's parent, conservator, guardian,
caretaker, or custodian, if the child is younger than four years of
age; and
(2) if the child or individual is not present at the
court hearing, the attorney ad litem shall file a written statement
with the court indicating that the attorney ad litem complied with
Subdivision (1).
(d-1) A meeting required by Subsection (d) must take place:
(1) a sufficient time before the hearing to allow the
attorney ad litem to prepare for the hearing in accordance with the
child's expressed objectives of representation; and
(2) in a private setting that allows for confidential
communications between the attorney ad litem or representative and
the child or individual with whom the child ordinarily resides, as
applicable.
(e) An attorney ad litem appointed for a child in a
proceeding under Chapter 262 or 263 is not required to comply with
Subsection (d) before a hearing if the court finds at that hearing
that the attorney ad litem has shown good cause why the attorney ad
litem's compliance with that subsection is not feasible or in the
best interest of the child. Additionally, a court may, on a showing
of good cause, authorize an attorney ad litem to comply with
Subsection (d) by conferring or having a representative confer with
the child or other individual, as appropriate, by telephone or
video conference.
SECTION 2. This Act takes effect September 1, 2015.