By: J. Johnson of Harris, Leach, Neave H.B. No. 1315
(Senate Sponsor - Powell)
(In the Senate - Received from the House April 21, 2021;
May 10, 2021, read first time and referred to Committee on Health &
Human Services; May 24, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 24, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1315 By: Perry
A BILL TO BE ENTITLED
AN ACT
relating to the duration of an appointment of a guardian ad litem or
an attorney ad litem for a child in the conservatorship of the
Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 107.016, Family Code, is amended to read
as follows:
Sec. 107.016. CONTINUED REPRESENTATION; DURATION OF
APPOINTMENT. In a suit filed by a governmental entity in which
termination of the parent-child relationship or appointment of the
entity as conservator of the child is requested:
(1) [an order appointing the Department of Family and
Protective Services as the child's managing conservator may provide
for the continuation of the appointment of the guardian ad litem for
the child for any period during the time the child remains in the
conservatorship of the department, as set by the court;
[(2)] an order appointing the Department of Family and
Protective Services as the child's managing conservator:
(A) shall [may] provide for the continuation of
the appointment of the guardian ad litem or the attorney ad litem
for the child, or an attorney appointed to serve in the dual role,
as long as the child remains in the conservatorship of the
department; and
(B) may provide for the continuation of the
appointment of both the attorney ad litem and the guardian ad litem
for the child if both have been appointed, as long as the child
remains in the conservatorship of the department; and
(2) [(3)] an attorney appointed under this subchapter
to serve as an attorney ad litem for a parent or an alleged father
continues to serve in that capacity until the earliest of:
(A) the date the suit affecting the parent-child
relationship is dismissed;
(B) the date all appeals in relation to any final
order terminating parental rights are exhausted or waived; or
(C) the date the attorney is relieved of the
attorney's duties or replaced by another attorney after a finding
of good cause is rendered by the court on the record.
SECTION 2. The changes in law made by this Act apply to a
suit affecting the parent-child relationship filed before, on, or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.
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