Texas 2021 - 87th Regular

Texas House Bill HB3895 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R21584~~ MLH-D
	1	+	87R7044 MLH-D
2	2		By: Wu H.B. No. 3895
3		-	Substitute the following for H.B. No. 3895:
4		-	By: Ramos C.S.H.B. No. 3895
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to guardians ad litem for children who are in the juvenile
10	8		justice system and the child protective services system.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. Section 51.11, Family Code, is amended by
13		-	amending Subsection (a) and adding Subsections (a-1), (d), and (e)
14		-	to read as follows:
15		-	(a) In this section:
16		-	(1) "Dual-system child" means a child who, at any time
17		-	before the child's 18th birthday, was referred to the juvenile
18		-	justice system and was involved in the child welfare system by
19		-	being:
20		-	(A) placed in the temporary or permanent managing
21		-	conservatorship of the Department of Family and Protective
22		-	Services;
23		-	(B) the subject of a family-based safety services
24		-	case with the Department of Family and Protective Services;
25		-	(C) an alleged victim of abuse or neglect in an
26		-	active case being investigated by the Department of Family and
27		-	Protective Services child protective investigations division; or
28		-	(D) a victim in a case in which the Department of
29		-	Family and Protective Services investigation concluded that there
30		-	was a reason to believe that abuse or neglect occurred.
31		-	(2) "Dual-status child" means a dual-system child who
32		-	is involved with both the child welfare and juvenile justice
33		-	systems at the same time.
34		-	(a-1) If a child appears before the juvenile court without a
35		-	parent or guardian, the court shall appoint a guardian ad litem to
36		-	protect the interests of the child. The juvenile court need not
37		-	appoint a guardian ad litem if a parent or guardian appears with the
38		-	child.
	10	+	SECTION 1. Section 51.11, Family Code, is amended by adding
	11	+	Subsections (d) and (e) to read as follows:
39	12		(d) The juvenile court may appoint the guardian ad litem
40	13		appointed under Chapter 107 for a child in a suit affecting the
41	14		parent-child relationship filed by the Department of Family and
42	15		Protective Services to serve as the guardian ad litem for the child
43	16		in a proceeding held under this title.
44		-	(e) A non-attorney guardian ad litem in a case involving a
45		-	dual-system child may not:
46		-	(1) investigate any charges involving a dual-status
47		-	child that are pending with the juvenile court; or
48		-	(2) offer testimony concerning the guilt or innocence
49		-	of a dual-status child.
	17	+	(e) A guardian ad litem may not investigate any charges
	18	+	involving the child that are pending with the juvenile court.
50	19		SECTION 2. Section 54.01(c), Family Code, is amended to
51	20		read as follows:
52	21		(c) At the detention hearing, the court may consider written
53	22		reports from probation officers, professional court employees,
54	23		guardians ad litem appointed under Section 51.11(d), or
55	24		professional consultants in addition to the testimony of witnesses.
56	25		Prior to the detention hearing, the court shall provide the
57	26		attorney for the child with access to all written matter to be
58	27		considered by the court in making the detention decision. The court
59		-	may order counsel not to reveal items to the child or ~~the child's~~
60		-	~~[his] parent,~~ guardian, or guardian ad litem if such disclosure
61		-	~~would materially~~ harm the treatment and rehabilitation of the child
62		-	~~or would~~ substantially decrease the likelihood of receiving
63		-	~~information~~ from the same or similar sources in the future.
	28	+	may order counsel not to reveal items to the child or his parent,
	29	+	guardian, or guardian ad litem if such disclosure would materially
	30	+	harm the treatment and rehabilitation of the child or would
	31	+	substantially decrease the likelihood of receiving information
	32	+	from the same or similar sources in the future.
64	33		SECTION 3. Section 54.02(e), Family Code, is amended to
65	34		read as follows:
66	35		(e) At the transfer hearing the court may consider written
67	36		reports from probation officers, professional court employees,
68	37		guardians ad litem appointed under Section 51.11(d), or
69	38		professional consultants in addition to the testimony of witnesses.
70	39		At least five days prior to the transfer hearing, the court shall
71	40		provide the attorney for the child and the prosecuting attorney
72	41		with access to all written matter to be considered by the court in
73	42		making the transfer decision. The court may order counsel not to
74	43		reveal items to the child or the child's parent, guardian, or
75	44		guardian ad litem if such disclosure would materially harm the
76	45		treatment and rehabilitation of the child or would substantially
77	46		decrease the likelihood of receiving information from the same or
78	47		similar sources in the future.
79	48		SECTION 4. Section 54.04(b), Family Code, is amended to
80	49		read as follows:
81	50		(b) At the disposition hearing, the juvenile court,
82	51		notwithstanding the Texas Rules of Evidence or Chapter 37, Code of
83	52		Criminal Procedure, may consider written reports from probation
84	53		officers, professional court employees, guardians ad litem
85	54		appointed under Section 51.11(d), or professional consultants in
86	55		addition to the testimony of witnesses. On or before the second day
87	56		before the date of the disposition hearing, the court shall provide
88	57		the attorney for the child and the prosecuting attorney with access
89	58		to all written matter to be considered by the court in disposition.
90	59		The court may order counsel not to reveal items to the child or the
91	60		child's parent, guardian, or guardian ad litem if such disclosure
92	61		would materially harm the treatment and rehabilitation of the child
93	62		or would substantially decrease the likelihood of receiving
94	63		information from the same or similar sources in the future.
95	64		SECTION 5. Section 54.05(e), Family Code, is amended to
96	65		read as follows:
97	66		(e) After the hearing on the merits or facts, the court may
98	67		consider written reports from probation officers, professional
99	68		court employees, guardians ad litem appointed under Section
100	69		51.11(d), or professional consultants in addition to the testimony
101	70		of other witnesses. On or before the second day before the date of
102	71		the hearing to modify disposition, the court shall provide the
103	72		attorney for the child and the prosecuting attorney with access to
104	73		all written matter to be considered by the court in deciding whether
105	74		to modify disposition. The court may order counsel not to reveal
106		-	items to the child or ~~the child's [~~his] parent, guardian, or
107		-	~~guardian ad litem if~~ such disclosure would materially harm the
108		-	~~treatment and~~ rehabilitation of the child or would substantially
109		-	~~decrease the~~ likelihood of receiving information from the same or
110		-	~~similar~~ sources in the future.
	75	+	items to the child or his parent, guardian, or guardian ad litem if
	76	+	such disclosure would materially harm the treatment and
	77	+	rehabilitation of the child or would substantially decrease the
	78	+	likelihood of receiving information from the same or similar
	79	+	sources in the future.
111	80		SECTION 6. Section 54.11(d), Family Code, is amended to
112	81		read as follows:
113	82		(d) At a hearing under this section the court may consider
114	83		written reports and supporting documents from probation officers,
115	84		professional court employees, guardians ad litem appointed under
116	85		Section 51.11(d), professional consultants, employees of the Texas
117	86		Juvenile Justice Department, or employees of a post-adjudication
118	87		secure correctional facility in addition to the testimony of
119	88		witnesses. On or before the fifth day before the date of the
120	89		hearing, the court shall provide the attorney for the person to be
121	90		transferred or released under supervision with access to all
122	91		written matter to be considered by the court. All written matter is
123	92		admissible in evidence at the hearing.
124	93		SECTION 7. Section 107.011, Family Code, is amended by
125		-	adding ~~Subsection~~ (e) to read as follows:
	94	+	adding Subsections (e) and (f) to read as follows:
126	95		(e) The court may appoint the person appointed as guardian
127	96		ad litem for the child under Section 51.11 to also serve as the
128		-	guardian ad litem for the child under this section if the person is
129		-	qualified under this chapter to serve as guardian ad litem.
	97	+	guardian ad litem for the child under this section.
	98	+	(f) Notwithstanding any other law, a guardian ad litem
	99	+	appointed under this section for a child may not investigate any
	100	+	pending criminal or juvenile charges involving the child.
130	101		SECTION 8. This Act takes effect September 1, 2021.