Texas 2021 - 87th Regular

Texas House Bill HB3245 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 87R11556 MCK-D
22 By: Dutton H.B. No. 3245
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to eliminating the court appointed advocates.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 29.0151(e), Education Code, is amended
1010 to read as follows:
1111 (e) The district may appoint a person who has been appointed
1212 to serve as a child's guardian ad litem [or as a court-certified
1313 volunteer advocate, as provided under Section 107.031(c), Family
1414 Code,] as the child's surrogate parent.
1515 SECTION 2. Section 107.001(5), Family Code, is amended to
1616 read as follows:
1717 (5) "Guardian ad litem" means a person appointed to
1818 represent the best interests of a child. The term includes:
1919 (A) [a volunteer advocate from a charitable
2020 organization described by Subchapter C who is appointed by the
2121 court as the child's guardian ad litem;
2222 [(B)] a professional, other than an attorney, who
2323 holds a relevant professional license and whose training relates to
2424 the determination of a child's best interests;
2525 (B) [(C)] an adult having the competence,
2626 training, and expertise determined by the court to be sufficient to
2727 represent the best interests of the child; or
2828 (C) [(D)] an attorney ad litem appointed to serve
2929 in the dual role.
3030 SECTION 3. Section 107.011(b), Family Code, is amended to
3131 read as follows:
3232 (b) The guardian ad litem appointed for a child under this
3333 section may be:
3434 (1) [a charitable organization composed of volunteer
3535 advocates or an individual volunteer advocate appointed under
3636 Subchapter C;
3737 [(2)] an adult having the competence, training, and
3838 expertise determined by the court to be sufficient to represent the
3939 best interests of the child; or
4040 (2) [(3)] an attorney appointed in the dual role.
4141 SECTION 4. Section 107.022, Family Code, is amended to read
4242 as follows:
4343 Sec. 107.022. CERTAIN PROHIBITED APPOINTMENTS. In a suit
4444 other than a suit filed by a governmental entity requesting
4545 termination of the parent-child relationship or appointment of the
4646 entity as conservator of the child, the court may not appoint[:
4747 [(1)] an attorney to serve in the dual role[; or
4848 [(2) a volunteer advocate to serve as guardian ad
4949 litem for a child unless the training of the volunteer advocate is
5050 designed for participation in suits other than suits filed by a
5151 governmental entity requesting termination of the parent-child
5252 relationship or appointment of the entity as conservator of the
5353 child].
5454 SECTION 5. Section 107.023(a), Family Code, is amended to
5555 read as follows:
5656 (a) In a suit other than a suit filed by a governmental
5757 entity requesting termination of the parent-child relationship or
5858 appointment of the entity as conservator of the child, in addition
5959 to the attorney's fees that may be awarded under Chapter 106, the
6060 following persons are entitled to reasonable fees and expenses in
6161 an amount set by the court and ordered to be paid by one or more
6262 parties to the suit:
6363 (1) an attorney appointed as an amicus attorney or as
6464 an attorney ad litem for the child; and
6565 (2) a professional who holds a relevant professional
6666 license and who is appointed as guardian ad litem for the child[,
6767 other than a volunteer advocate].
6868 SECTION 6. Section 202.002(a), Family Code, is amended to
6969 read as follows:
7070 (a) A friend of the court may coordinate nonjudicial efforts
7171 to improve compliance with a court order relating to child support
7272 or possession of or access to a child by use of:
7373 (1) telephone communication;
7474 (2) written communication;
7575 (3) [one or more volunteer advocates under Chapter
7676 107;
7777 [(4)] informal pretrial consultation;
7878 (4) [(5)] one or more of the alternate dispute
7979 resolution methods under Chapter 154, Civil Practice and Remedies
8080 Code;
8181 (5) [(6)] a licensed social worker;
8282 (6) [(7)] a family mediator; and
8383 (7) [(8)] employment agencies, retraining programs,
8484 and any similar resources to ensure that both parents can meet their
8585 financial obligations to the child.
8686 SECTION 7. Section 263.0021(b), Family Code, is amended to
8787 read as follows:
8888 (b) The following persons are entitled to at least 10 days'
8989 notice of a hearing under this chapter and are entitled to present
9090 evidence and be heard at the hearing:
9191 (1) the department;
9292 (2) the foster parent, preadoptive parent, relative of
9393 the child providing care, or director or director's designee of the
9494 group home or general residential operation where the child is
9595 residing;
9696 (3) each parent of the child;
9797 (4) the managing conservator or guardian of the child;
9898 (5) an attorney ad litem appointed for the child under
9999 Chapter 107, if the appointment was not dismissed in the final
100100 order;
101101 (6) a guardian ad litem appointed for the child under
102102 Chapter 107, if the appointment was not dismissed in the final
103103 order;
104104 (7) [a volunteer advocate appointed for the child
105105 under Chapter 107, if the appointment was not dismissed in the final
106106 order;
107107 [(8)] the child if:
108108 (A) the child is 10 years of age or older; or
109109 (B) the court determines it is appropriate for
110110 the child to receive notice; and
111111 (8) [(9)] any other person or agency named by the
112112 court to have an interest in the child's welfare.
113113 SECTION 8. Section 263.0025(e), Family Code, is amended to
114114 read as follows:
115115 (e) The court may appoint a child's guardian ad litem [or
116116 court-certified volunteer advocate, as provided by Section
117117 107.031(c),] as the child's surrogate parent.
118118 SECTION 9. Section 263.008(b), Family Code, is amended to
119119 read as follows:
120120 (b) It is the policy of this state that each child in foster
121121 care be informed of the child's rights provided by state or federal
122122 law or policy that relate to:
123123 (1) abuse, neglect, exploitation, discrimination, and
124124 harassment;
125125 (2) food, clothing, shelter, and education;
126126 (3) medical, dental, vision, and mental health
127127 services, including the right of the child to consent to treatment;
128128 (4) emergency behavioral intervention, including what
129129 methods are permitted, the conditions under which it may be used,
130130 and the precautions that must be taken when administering it;
131131 (5) placement with the child's siblings and contact
132132 with members of the child's family;
133133 (6) privacy and searches, including the use of storage
134134 space, mail, and the telephone;
135135 (7) participation in school-related extracurricular
136136 or community activities;
137137 (8) interaction with persons outside the foster care
138138 system, including teachers, church members, mentors, and friends;
139139 (9) contact and communication with caseworkers,
140140 attorneys ad litem, and guardians ad litem[, and court-appointed
141141 special advocates];
142142 (10) religious services and activities;
143143 (11) confidentiality of the child's records;
144144 (12) job skills, personal finances, and preparation
145145 for adulthood;
146146 (13) participation in a court hearing that involves
147147 the child;
148148 (14) participation in the development of service and
149149 treatment plans;
150150 (15) if the child has a disability, the advocacy and
151151 protection of the rights of a person with that disability; and
152152 (16) any other matter affecting the child's ability to
153153 receive care and treatment in the least restrictive environment
154154 that is most like a family setting, consistent with the best
155155 interests and needs of the child.
156156 SECTION 10. Section 263.303(a), Family Code, is amended to
157157 read as follows:
158158 (a) Not later than the 10th day before the date set for each
159159 permanency hearing before a final order is rendered, the department
160160 shall file with the court and provide to each party, the child's
161161 attorney ad litem, and the child's guardian ad litem[, and the
162162 child's volunteer advocate] a permanency progress report unless the
163163 court orders a different period for providing the report.
164164 SECTION 11. Section 263.602(d), Family Code, is amended to
165165 read as follows:
166166 (d) Notice of an extended foster care review hearing shall
167167 be given as provided by Rule 21a, Texas Rules of Civil Procedure, to
168168 the following persons, each of whom has a right to present evidence
169169 and be heard at the hearing:
170170 (1) the young adult who is the subject of the suit;
171171 (2) the department;
172172 (3) the foster parent with whom the young adult is
173173 placed and the administrator of a child-placing agency responsible
174174 for placing the young adult, if applicable;
175175 (4) the director of the residential child-care
176176 facility or other approved provider with whom the young adult is
177177 placed, if applicable;
178178 (5) each parent of the young adult whose parental
179179 rights have not been terminated and who is still actively involved
180180 in the life of the young adult;
181181 (6) a legal guardian of the young adult, if
182182 applicable; and
183183 (7) the young adult's attorney ad litem and[,]
184184 guardian ad litem[, and volunteer advocate], the appointment of
185185 which has not been previously dismissed by the court.
186186 SECTION 12. Section 263.605, Family Code, is amended to
187187 read as follows:
188188 Sec. 263.605. CONTINUED OR RENEWED APPOINTMENT OF ATTORNEY
189189 AD LITEM, GUARDIAN AD LITEM, OR VOLUNTEER ADVOCATE. A court with
190190 extended jurisdiction under this subchapter may continue or renew
191191 the appointment of an attorney ad litem or[,] guardian ad litem[, or
192192 volunteer advocate] for the young adult to assist the young adult in
193193 accessing services the young adult is entitled to receive from the
194194 department or any other public or private service provider.
195195 SECTION 13. Section 264.015(c), Family Code, is amended to
196196 read as follows:
197197 (c) To the extent that resources are available, the
198198 department shall assist the following entities in developing
199199 training in trauma-informed programs and services and in locating
200200 money and other resources to assist the entities in providing
201201 trauma-informed programs and services:
202202 (1) [court-appointed special advocate programs;
203203 [(2)] children's advocacy centers;
204204 (2) [(3)] local community mental health centers
205205 created under Section 534.001, Health and Safety Code; and
206206 (3) [(4)] domestic violence shelters.
207207 SECTION 14. Sections 264.018(e) and (f), Family Code, are
208208 amended to read as follows:
209209 (e) Not later than 48 hours before the department changes
210210 the residential child-care facility of a child in the managing
211211 conservatorship of the department, the department shall provide
212212 notice of the change to:
213213 (1) the child's parent;
214214 (2) an attorney ad litem appointed for the child under
215215 Chapter 107;
216216 (3) a guardian ad litem appointed for the child under
217217 Chapter 107; and
218218 (4) [a volunteer advocate appointed for the child
219219 under Chapter 107; and
220220 [(5)] the licensed administrator of the child-placing
221221 agency responsible for placing the child or the licensed
222222 administrator's designee.
223223 (f) Except as provided by Subsection (d-1), as soon as
224224 possible but not later than the 10th day after the date the
225225 department becomes aware of a significant event affecting a child
226226 in the conservatorship of the department, the department shall
227227 provide notice of the significant event to:
228228 (1) the child's parent;
229229 (2) an attorney ad litem appointed for the child under
230230 Chapter 107;
231231 (3) a guardian ad litem appointed for the child under
232232 Chapter 107;
233233 (4) [a volunteer advocate appointed for the child
234234 under Chapter 107;
235235 [(5)] the licensed administrator of the child-placing
236236 agency responsible for placing the child or the licensed
237237 administrator's designee;
238238 (5) [(6)] a foster parent, prospective adoptive
239239 parent, relative of the child providing care to the child, or
240240 director of the group home or general residential operation where
241241 the child is residing; and
242242 (6) [(7)] any other person determined by a court to
243243 have an interest in the child's welfare.
244244 SECTION 15. Section 264.107(e), Family Code, is amended to
245245 read as follows:
246246 (e) In making placement decisions, the department shall:
247247 (1) except when making an emergency placement that
248248 does not allow time for the required consultations, consult with
249249 the child's caseworker, attorney ad litem, and guardian ad litem
250250 [and with any court-appointed volunteer advocate for the child];
251251 and
252252 (2) use clinical protocols to match a child to the most
253253 appropriate placement resource.
254254 SECTION 16. Section 264.1213, Family Code, is amended to
255255 read as follows:
256256 Sec. 264.1213. RECORDS AND DOCUMENTS FOR CHILDREN AGING OUT
257257 OF FOSTER CARE. The department in cooperation with [volunteer
258258 advocates from a charitable organization described by Subchapter C,
259259 Chapter 107, and] the Department of Public Safety shall develop
260260 procedures to ensure that a foster child obtains a driver's license
261261 or personal identification card before the child leaves the
262262 conservatorship of the department.
263263 SECTION 17. Section 264.1261(b), Family Code, as added by
264264 Chapter 319 (S.B. 11), Acts of the 85th Legislature, Regular
265265 Session, 2017, is amended to read as follows:
266266 (b) Appropriate department management personnel from a
267267 child protective services region in which community-based care has
268268 not been implemented, in collaboration with foster care providers
269269 and[,] faith-based entities[, and child advocates] in that region,
270270 shall use data collected by the department on foster care capacity
271271 needs and availability of each type of foster care and kinship
272272 placement in the region to create a plan to address the substitute
273273 care capacity needs in the region. The plan must identify both
274274 short-term and long-term goals and strategies for addressing those
275275 capacity needs.
276276 SECTION 18. Section 264.155, Family Code, is amended to
277277 read as follows:
278278 Sec. 264.155. REQUIRED CONTRACT PROVISIONS. A contract
279279 with a single source continuum contractor to provide
280280 community-based care services in a catchment area must include
281281 provisions that:
282282 (1) establish a timeline for the implementation of
283283 community-based care in the catchment area, including a timeline
284284 for implementing:
285285 (A) case management services for children,
286286 families, and relative and kinship caregivers receiving services in
287287 the catchment area; and
288288 (B) family reunification support services to be
289289 provided after a child receiving services from the contractor is
290290 returned to the child's family;
291291 (2) establish conditions for the single source
292292 continuum contractor's access to relevant department data and
293293 require the participation of the contractor in the data access and
294294 standards governance council created under Section 264.159;
295295 (3) require the single source continuum contractor to
296296 create a single process for the training and use of alternative
297297 caregivers for all child-placing agencies in the catchment area to
298298 facilitate reciprocity of licenses for alternative caregivers
299299 between agencies, including respite and overnight care providers,
300300 as those terms are defined by department rule;
301301 (4) require the single source continuum contractor to
302302 maintain a diverse network of service providers that offer a range
303303 of foster capacity options and that can accommodate children from
304304 diverse cultural backgrounds;
305305 (5) allow the department to conduct a performance
306306 review of the contractor beginning 18 months after the contractor
307307 has begun providing case management and family reunification
308308 support services to all children and families in the catchment area
309309 and determine if the contractor has achieved any performance
310310 outcomes specified in the contract;
311311 (6) following the review under Subdivision (5), allow
312312 the department to:
313313 (A) impose financial penalties on the contractor
314314 for failing to meet any specified performance outcomes; or
315315 (B) award financial incentives to the contractor
316316 for exceeding any specified performance outcomes;
317317 (7) require the contractor to give preference for
318318 employment to employees of the department:
319319 (A) whose position at the department is impacted
320320 by the implementation of community-based care; and
321321 (B) who are considered by the department to be
322322 employees in good standing;
323323 (8) require the contractor to provide preliminary and
324324 ongoing community engagement plans to ensure communication and
325325 collaboration with local stakeholders in the catchment area,
326326 including any of the following:
327327 (A) community faith-based entities;
328328 (B) the judiciary;
329329 (C) [court-appointed special advocates;
330330 [(D)] child advocacy centers;
331331 (D) [(E)] service providers;
332332 (E) [(F)] foster families;
333333 (F) [(G)] biological parents;
334334 (G) [(H)] foster youth and former foster youth;
335335 (H) [(I)] relative or kinship caregivers;
336336 (I) [(J)] child welfare boards, if applicable;
337337 (J) [(K)] attorneys ad litem;
338338 (K) [(L)] attorneys that represent parents
339339 involved in suits filed by the department; and
340340 (L) [(M)] any other stakeholders, as determined
341341 by the contractor; and
342342 (9) require that the contractor comply with any
343343 applicable court order issued by a court of competent jurisdiction
344344 in the case of a child for whom the contractor has assumed case
345345 management responsibilities or an order imposing a requirement on
346346 the department that relates to functions assumed by the contractor.
347347 SECTION 19. Section 264.408(a), Family Code, is amended to
348348 read as follows:
349349 (a) The files, reports, records, communications, and
350350 working papers used or developed in providing services under this
351351 chapter are confidential and not subject to public release under
352352 Chapter 552, Government Code, and may only be disclosed for
353353 purposes consistent with this chapter. Disclosure may be made to:
354354 (1) the department, department employees, law
355355 enforcement agencies, prosecuting attorneys, medical
356356 professionals, and other state or local agencies that provide
357357 services to children and families; and
358358 (2) the attorney for the alleged victim who is the
359359 subject of the records [and a court-appointed volunteer advocate
360360 appointed for the alleged victim under Section 107.031].
361361 SECTION 20. Section 36.003, Government Code, is amended to
362362 read as follows:
363363 Sec. 36.003. EXEMPTION. The reporting requirements of
364364 Section 36.004 do not apply to:
365365 (1) a mediation conducted by an alternative dispute
366366 resolution system established under Chapter 152, Civil Practice and
367367 Remedies Code;
368368 (2) information made confidential under state or
369369 federal law, including applicable rules;
370370 (3) a guardian ad litem [or other person appointed
371371 under a program authorized by Section 107.031, Family Code];
372372 (4) an attorney ad litem, guardian ad litem, amicus
373373 attorney, or mediator appointed under a domestic relations office
374374 established under Chapter 203, Family Code;
375375 (5) an attorney ad litem, guardian ad litem, amicus
376376 attorney, or mediator providing services without expectation or
377377 receipt of compensation; or
378378 (6) an attorney ad litem, guardian ad litem, amicus
379379 attorney, or mediator providing services as a volunteer of a
380380 nonprofit organization that provides pro bono legal services to the
381381 indigent.
382382 SECTION 21. Section 37.002, Government Code, is amended to
383383 read as follows:
384384 Sec. 37.002. EXEMPTION. The appointment requirements of
385385 Section 37.004 do not apply to:
386386 (1) a mediation conducted by an alternative dispute
387387 resolution system established under Chapter 152, Civil Practice and
388388 Remedies Code;
389389 (2) a guardian ad litem [or other person appointed
390390 under a program authorized by Section 107.031, Family Code];
391391 (3) an attorney ad litem, guardian ad litem, amicus
392392 attorney, or mediator appointed under a domestic relations office
393393 established under Chapter 203, Family Code;
394394 (4) a person other than an attorney or a private
395395 professional guardian appointed to serve as a guardian as defined
396396 by Section 1002.012, Estates Code;
397397 (5) an attorney ad litem, guardian ad litem, amicus
398398 attorney, or mediator providing services without expectation or
399399 receipt of compensation; or
400400 (6) an attorney ad litem, guardian ad litem, amicus
401401 attorney, or mediator providing services as a volunteer of a
402402 nonprofit organization that provides pro bono legal services to the
403403 indigent.
404404 SECTION 22. Section 497.012(b), Government Code, is amended
405405 to read as follows:
406406 (b) If the department determines that it is economically
407407 feasible, the department shall repair or refurbish the surplus or
408408 salvage data processing equipment. The department shall sell the
409409 repaired or refurbished data processing equipment, in the following
410410 order of preference, to:
411411 (1) a school district;
412412 (2) a state agency; or
413413 (3) a political subdivision of the state[; or
414414 [(4) a statewide organization described by Section
415415 264.603(a), Family Code, or a local volunteer advocate program, as
416416 defined by Section 264.601, Family Code, for use by children or
417417 youth in foster care].
418418 SECTION 23. Section 40.021(b), Human Resources Code, is
419419 amended to read as follows:
420420 (b) The council is composed of nine members of the public
421421 appointed by the governor. In making appointments to the council,
422422 the governor shall consider persons who have a demonstrated
423423 knowledge of the department and the health and human services
424424 system in general, including former department employees,
425425 [court-appointed special advocates,] foster care providers, and
426426 employees of child advocacy centers.
427427 SECTION 24. Section 244.0105(a), Human Resources Code, is
428428 amended to read as follows:
429429 (a) Not later than the 10th day before the date of a
430430 permanency hearing under Subchapter D, Chapter 263, Family Code, or
431431 Subchapter F, Chapter 263, Family Code, regarding a child for whom
432432 the Department of Family and Protective Services has been appointed
433433 managing conservator, a department caseworker shall submit a
434434 written report regarding the child's commitment to the department
435435 to:
436436 (1) the court;
437437 (2) the Department of Family and Protective Services;
438438 and
439439 (3) any attorney ad litem or guardian ad litem
440440 appointed for the child[; and
441441 [(4) any volunteer advocate appointed for the child].
442442 SECTION 25. Section 244.0106(c), Human Resources Code, is
443443 amended to read as follows:
444444 (c) The rules adopted under this section must require:
445445 (1) the Department of Family and Protective Services
446446 to:
447447 (A) provide the department with access to
448448 relevant health and education information regarding a child; and
449449 (B) require a child's caseworker to visit the
450450 child in person at least once each month while the child is
451451 committed to the department;
452452 (2) the department to:
453453 (A) provide the Department of Family and
454454 Protective Services with relevant health and education information
455455 regarding a child;
456456 (B) permit communication, including in person,
457457 by telephone, and by mail, between a child committed to the
458458 department and:
459459 (i) the Department of Family and Protective
460460 Services; and
461461 (ii) the attorney ad litem and[,] the
462462 guardian ad litem[, and the volunteer advocate] for the child; and
463463 (C) provide the Department of Family and
464464 Protective Services and any attorney ad litem or guardian ad litem
465465 for the child with timely notice of the following events relating to
466466 the child:
467467 (i) a meeting designed to develop or revise
468468 the individual case plan for the child;
469469 (ii) in accordance with any participation
470470 protocols to which the Department of Family and Protective Services
471471 and the department agree, a medical appointment at which a person
472472 authorized to consent to medical care must participate as required
473473 by Section 266.004(i), Family Code;
474474 (iii) an education meeting, including
475475 admission, review, or dismissal meetings for a child receiving
476476 special education;
477477 (iv) a grievance or disciplinary hearing
478478 for the child;
479479 (v) a report of abuse or neglect of the
480480 child; and
481481 (vi) a significant change in medical
482482 condition of the child, as defined by Section 264.018, Family Code;
483483 and
484484 (3) the Department of Family and Protective Services
485485 and the department to participate in transition planning for the
486486 child through release from detention, release under supervision,
487487 and discharge.
488488 SECTION 26. Section 244.052(c), Human Resources Code, is
489489 amended to read as follows:
490490 (c) The department shall on a quarterly basis provide to the
491491 parent or[,] guardian[, or designated advocate] of a child who is in
492492 the custody of the department a report concerning the progress of
493493 the child at the department, including:
494494 (1) the academic and behavioral progress of the child;
495495 and
496496 (2) the results of any reexamination of the child
497497 conducted under Section 244.002.
498498 SECTION 27. Section 245.103(d), Human Resources Code, is
499499 amended to read as follows:
500500 (d) The department shall provide a report to the parent
501501 or[,] guardian[, or designated advocate] of a child whose length of
502502 stay is extended under Section 245.102 explaining the panel's
503503 reason for the extension.
504504 SECTION 28. Section 245.104(b), Human Resources Code, is
505505 amended to read as follows:
506506 (b) The process to request reconsideration must provide
507507 that:
508508 (1) a child, a parent or[,] guardian[, or designated
509509 advocate] of a child, an employee of the department, or a person who
510510 provides volunteer services at a department facility may submit a
511511 request for reconsideration of an extension order;
512512 (2) the person submitting the request for
513513 reconsideration of an extension order must state in the request the
514514 reason for the request;
515515 (3) after receiving a request for reconsideration of
516516 an extension order, the panel shall reconsider an extension order
517517 that:
518518 (A) extends the child's stay in the custody of
519519 the department by six months or more; or
520520 (B) combined with previous extension orders will
521521 result in an extension of the child's stay in the custody of the
522522 department by six months or more;
523523 (4) the panel's reconsideration of an extension order
524524 includes consideration of the information submitted in the request;
525525 and
526526 (5) the panel shall send a written reply to the child,
527527 the parent or[,] guardian[, or designated advocate] of the child,
528528 and the person who made the request for reconsideration of an
529529 extension order that includes an explanation of the panel's
530530 decision after reconsidering the extension order, including an
531531 indication that the panel has considered the information submitted
532532 in the request.
533533 SECTION 29. The following provisions are repealed:
534534 (1) Subchapter C, Chapter 107, Family Code;
535535 (2) Section 264.1261(b), Family Code, as added by
536536 Chapter 822 (H.B. 1549), Acts of the 85th Legislature, Regular
537537 Session, 2017;
538538 (3) Subchapter G, Chapter 264, Family Code; and
539539 (4) Section 504.611, Transportation Code.
540540 SECTION 30. This Act takes effect September 1, 2021.