85R9458 MM-D
By: Frank H.B. No. 2361
A BILL TO BE ENTITLED
AN ACT
relating to a study regarding the appointment and use of attorneys
ad litem in cases involving the Department of Family and Protective
Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) In this section:
(1) "Attorney ad litem" has the meaning assigned by
Section 107.001, Family Code.
(2) "Commission" means the Permanent Judicial
Commission for Children, Youth and Families established by the
supreme court.
(b) The commission shall study the appointment and use of
attorneys ad litem in cases involving the Department of Family and
Protective Services. The commission shall:
(1) examine:
(A) the method for appointing attorneys ad litem;
(B) the oversight and accountability measures
used across the state to monitor attorneys ad litem;
(C) the methods by which qualifications for
appointment as an attorney ad litem and training requirements for
an attorney ad litem are established and enforced;
(D) the timing of and duration of appointments;
(E) the rate of compensation for appointments and
the method for establishing compensation rates across the state;
(F) the quality of representation and methods for
assessing performance of attorneys ad litem;
(G) the pretrial and posttrial client
satisfaction with representation by attorneys ad litem
representing parents and attorneys ad litem representing children;
(H) organizational studies and national
standards related to the workload of attorneys ad litem;
(I) the best practices for attorneys ad litem;
and
(J) the estimated and average costs associated
with legal representation by an attorney ad litem per child
compared with the costs associated with foster care per child;
(2) conduct a survey of attorneys ad litem about the
attorney's training, including:
(A) the attorney's legal education;
(B) whether the attorney is certified as a
specialist by the Texas Board of Legal Specialization in any area of
law; and
(C) the professional standards followed by the
attorney;
(3) perform a statistical analysis of the data and
information collected under Subdivisions (1) and (2) of this
subsection; and
(4) develop policy recommendations for improving the
attorney ad litem appointment process.
(c) The commission shall prepare a report based on the
findings of the study conducted under this section and shall submit
the report to each member of the legislature not later than
September 1, 2018.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.