| 1 | 1 | | 85R4282 MM-D |
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| 2 | 2 | | By: West S.B. No. 469 |
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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 duration of an appointment of a guardian ad litem or |
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| 8 | 8 | | an attorney ad litem for a child in the conservatorship of the |
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| 9 | 9 | | Department of Family and Protective Services. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 107.016, Family Code, is amended to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | Sec. 107.016. CONTINUED REPRESENTATION; DURATION OF |
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| 14 | 14 | | APPOINTMENT. In a suit filed by a governmental entity in which |
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| 15 | 15 | | termination of the parent-child relationship or appointment of the |
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| 16 | 16 | | entity as conservator of the child is requested: |
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| 17 | 17 | | (1) an order appointing the Department of Family and |
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| 18 | 18 | | Protective Services as the child's temporary managing conservator |
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| 19 | 19 | | may provide for the continuation of the appointment of the guardian |
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| 20 | 20 | | ad litem or attorney ad litem for the child for any period set by the |
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| 21 | 21 | | court; [and] |
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| 22 | 22 | | (2) an order appointing the Department of Family and |
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| 23 | 23 | | Protective Services as the child's permanent managing conservator |
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| 24 | 24 | | shall provide for the continuation of the appointment of the |
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| 25 | 25 | | attorney ad litem for the child as long as the child remains in the |
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| 26 | 26 | | conservatorship of the department; and |
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| 27 | 27 | | (3) an attorney appointed under this subchapter to |
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| 28 | 28 | | serve as an attorney ad litem for a parent or an alleged father |
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| 29 | 29 | | continues to serve in that capacity until the earliest of: |
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| 30 | 30 | | (A) the date the suit affecting the parent-child |
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| 31 | 31 | | relationship is dismissed; |
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| 32 | 32 | | (B) the date all appeals in relation to any final |
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| 33 | 33 | | order terminating parental rights are exhausted or waived; or |
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| 34 | 34 | | (C) the date the attorney is relieved of the |
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| 35 | 35 | | attorney's duties or replaced by another attorney after a finding |
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| 36 | 36 | | of good cause is rendered by the court on the record. |
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| 37 | 37 | | SECTION 2. The changes in law made by this Act apply to a |
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| 38 | 38 | | suit affecting the parent-child relationship filed before, on, or |
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| 39 | 39 | | after the effective date of this Act. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2017. |
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