Texas 2021 - 87th Regular

Texas Senate Bill SB2049 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2049
	1	+	87R21584 MLH-D
	2	+	By: Menéndez S.B. No. 2049
	3	+	(Wu)
	4	+	Substitute the following for S.B. No. 2049: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to guardians ad litem for children who are in the juvenile
6	10		justice system and the child protective services system.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Section 51.11, Family Code, is amended by
9	13		amending Subsection (a) and adding Subsections (a-1), (d), and (e)
10	14		to read as follows:
11	15		(a) In this section:
12	16		(1) "Dual-system child" means a child who, at any time
13	17		before the child's 18th birthday, was referred to the juvenile
14	18		justice system and was involved in the child welfare system by
15	19		being:
16	20		(A) placed in the temporary or permanent managing
17	21		conservatorship of the Department of Family and Protective
18	22		Services;
19	23		(B) the subject of a family-based safety services
20	24		case with the Department of Family and Protective Services;
21	25		(C) an alleged victim of abuse or neglect in an
22	26		active case being investigated by the Department of Family and
23	27		Protective Services child protective investigations division; or
24	28		(D) a victim in a case in which the Department of
25	29		Family and Protective Services investigation concluded that there
26	30		was a reason to believe that abuse or neglect occurred.
27	31		(2) "Dual-status child" means a dual-system child who
28	32		is involved with both the child welfare and juvenile justice
29	33		systems at the same time.
30	34		(a-1) If a child appears before the juvenile court without a
31	35		parent or guardian, the court shall appoint a guardian ad litem to
32	36		protect the interests of the child. The juvenile court need not
33	37		appoint a guardian ad litem if a parent or guardian appears with the
34	38		child.
35	39		(d) The juvenile court may appoint the guardian ad litem
36	40		appointed under Chapter 107 for a child in a suit affecting the
37	41		parent-child relationship filed by the Department of Family and
38	42		Protective Services to serve as the guardian ad litem for the child
39	43		in a proceeding held under this title.
40	44		(e) A non-attorney guardian ad litem in a case involving a
41	45		dual-system child may not:
42	46		(1) investigate any charges involving a dual-status
43	47		child that are pending with the juvenile court; or
44	48		(2) offer testimony concerning the guilt or innocence
45	49		of a dual-status child.
46	50		SECTION 2. Section 54.01(c), Family Code, is amended to
47	51		read as follows:
48	52		(c) At the detention hearing, the court may consider written
49	53		reports from probation officers, professional court employees,
50	54		guardians ad litem appointed under Section 51.11(d), or
51	55		professional consultants in addition to the testimony of witnesses.
52	56		Prior to the detention hearing, the court shall provide the
53	57		attorney for the child with access to all written matter to be
54	58		considered by the court in making the detention decision. The court
55	59		may order counsel not to reveal items to the child or the child's
56	60		[his] parent, guardian, or guardian ad litem if such disclosure
57	61		would materially harm the treatment and rehabilitation of the child
58	62		or would substantially decrease the likelihood of receiving
59	63		information from the same or similar sources in the future.
60	64		SECTION 3. Section 54.02(e), Family Code, is amended to
61	65		read as follows:
62	66		(e) At the transfer hearing the court may consider written
63	67		reports from probation officers, professional court employees,
64	68		guardians ad litem appointed under Section 51.11(d), or
65	69		professional consultants in addition to the testimony of witnesses.
66	70		At least five days prior to the transfer hearing, the court shall
67	71		provide the attorney for the child and the prosecuting attorney
68	72		with access to all written matter to be considered by the court in
69	73		making the transfer decision. The court may order counsel not to
70	74		reveal items to the child or the child's parent, guardian, or
71	75		guardian ad litem if such disclosure would materially harm the
72	76		treatment and rehabilitation of the child or would substantially
73	77		decrease the likelihood of receiving information from the same or
74	78		similar sources in the future.
75	79		SECTION 4. Section 54.04(b), Family Code, is amended to
76	80		read as follows:
77	81		(b) At the disposition hearing, the juvenile court,
78	82		notwithstanding the Texas Rules of Evidence or Chapter 37, Code of
79	83		Criminal Procedure, may consider written reports from probation
80	84		officers, professional court employees, guardians ad litem
81	85		appointed under Section 51.11(d), or professional consultants in
82	86		addition to the testimony of witnesses. On or before the second day
83	87		before the date of the disposition hearing, the court shall provide
84	88		the attorney for the child and the prosecuting attorney with access
85	89		to all written matter to be considered by the court in disposition.
86	90		The court may order counsel not to reveal items to the child or the
87	91		child's parent, guardian, or guardian ad litem if such disclosure
88	92		would materially harm the treatment and rehabilitation of the child
89	93		or would substantially decrease the likelihood of receiving
90	94		information from the same or similar sources in the future.
91	95		SECTION 5. Section 54.05(e), Family Code, is amended to
92	96		read as follows:
93	97		(e) After the hearing on the merits or facts, the court may
94	98		consider written reports from probation officers, professional
95	99		court employees, guardians ad litem appointed under Section
96	100		51.11(d), or professional consultants in addition to the testimony
97	101		of other witnesses. On or before the second day before the date of
98	102		the hearing to modify disposition, the court shall provide the
99	103		attorney for the child and the prosecuting attorney with access to
100	104		all written matter to be considered by the court in deciding whether
101	105		to modify disposition. The court may order counsel not to reveal
102	106		items to the child or the child's [his] parent, guardian, or
103	107		guardian ad litem if such disclosure would materially harm the
104	108		treatment and rehabilitation of the child or would substantially
105	109		decrease the likelihood of receiving information from the same or
106	110		similar sources in the future.
107	111		SECTION 6. Section 54.11(d), Family Code, is amended to
108	112		read as follows:
109	113		(d) At a hearing under this section the court may consider
110	114		written reports and supporting documents from probation officers,
111	115		professional court employees, guardians ad litem appointed under
112	116		Section 51.11(d), professional consultants, employees of the Texas
113	117		Juvenile Justice Department, or employees of a post-adjudication
114	118		secure correctional facility in addition to the testimony of
115	119		witnesses. On or before the fifth day before the date of the
116	120		hearing, the court shall provide the attorney for the person to be
117	121		transferred or released under supervision with access to all
118	122		written matter to be considered by the court. All written matter is
119	123		admissible in evidence at the hearing.
120	124		SECTION 7. Section 107.011, Family Code, is amended by
121	125		adding Subsection (e) to read as follows:
122	126		(e) The court may appoint the person appointed as guardian
123	127		ad litem for the child under Section 51.11 to also serve as the
124	128		guardian ad litem for the child under this section if the person is
125	129		qualified under this chapter to serve as guardian ad litem.
126	130		SECTION 8. This Act takes effect September 1, 2021.
127		-	______________________________ ______________________________
128		-	President of the Senate Speaker of the House
129		-	I hereby certify that S.B. No. 2049 passed the Senate on
130		-	April 29, 2021, by the following vote: Yeas 31, Nays 0; and that
131		-	the Senate concurred in House amendment on May 27, 2021, by the
132		-	following vote: Yeas 31, Nays 0.
133		-	______________________________
134		-	Secretary of the Senate
135		-	I hereby certify that S.B. No. 2049 passed the House, with
136		-	amendment, on May 18, 2021, by the following vote: Yeas 135,
137		-	Nays 2, two present not voting.
138		-	______________________________
139		-	Chief Clerk of the House
140		-	Approved:
141		-	______________________________
142		-	Date
143		-	______________________________
144		-	Governor