S.B. No. 2049
AN ACT
relating to guardians ad litem for children who are in the juvenile
justice system and the child protective services system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.11, Family Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (d), and (e)
to read as follows:
(a) In this section:
(1) "Dual-system child" means a child who, at any time
before the child's 18th birthday, was referred to the juvenile
justice system and was involved in the child welfare system by
being:
(A) placed in the temporary or permanent managing
conservatorship of the Department of Family and Protective
Services;
(B) the subject of a family-based safety services
case with the Department of Family and Protective Services;
(C) an alleged victim of abuse or neglect in an
active case being investigated by the Department of Family and
Protective Services child protective investigations division; or
(D) a victim in a case in which the Department of
Family and Protective Services investigation concluded that there
was a reason to believe that abuse or neglect occurred.
(2) "Dual-status child" means a dual-system child who
is involved with both the child welfare and juvenile justice
systems at the same time.
(a-1) If a child appears before the juvenile court without a
parent or guardian, the court shall appoint a guardian ad litem to
protect the interests of the child. The juvenile court need not
appoint a guardian ad litem if a parent or guardian appears with the
child.
(d) The juvenile court may appoint the guardian ad litem
appointed under Chapter 107 for a child in a suit affecting the
parent-child relationship filed by the Department of Family and
Protective Services to serve as the guardian ad litem for the child
in a proceeding held under this title.
(e) A non-attorney guardian ad litem in a case involving a
dual-system child may not:
(1) investigate any charges involving a dual-status
child that are pending with the juvenile court; or
(2) offer testimony concerning the guilt or innocence
of a dual-status child.
SECTION 2. Section 54.01(c), Family Code, is amended to
read as follows:
(c) At the detention hearing, the court may consider written
reports from probation officers, professional court employees,
guardians ad litem appointed under Section 51.11(d), or
professional consultants in addition to the testimony of witnesses.
Prior to the detention hearing, the court shall provide the
attorney for the child with access to all written matter to be
considered by the court in making the detention decision. The court
may order counsel not to reveal items to the child or the child's
[his] parent, guardian, or guardian ad litem if such disclosure
would materially harm the treatment and rehabilitation of the child
or would substantially decrease the likelihood of receiving
information from the same or similar sources in the future.
SECTION 3. Section 54.02(e), Family Code, is amended to
read as follows:
(e) At the transfer hearing the court may consider written
reports from probation officers, professional court employees,
guardians ad litem appointed under Section 51.11(d), or
professional consultants in addition to the testimony of witnesses.
At least five days prior to the transfer hearing, the court shall
provide the attorney for the child and the prosecuting attorney
with access to all written matter to be considered by the court in
making the transfer decision. The court may order counsel not to
reveal items to the child or the child's parent, guardian, or
guardian ad litem if such disclosure would materially harm the
treatment and rehabilitation of the child or would substantially
decrease the likelihood of receiving information from the same or
similar sources in the future.
SECTION 4. Section 54.04(b), Family Code, is amended to
read as follows:
(b) At the disposition hearing, the juvenile court,
notwithstanding the Texas Rules of Evidence or Chapter 37, Code of
Criminal Procedure, may consider written reports from probation
officers, professional court employees, guardians ad litem
appointed under Section 51.11(d), or professional consultants in
addition to the testimony of witnesses. On or before the second day
before the date of the disposition hearing, the court shall provide
the attorney for the child and the prosecuting attorney with access
to all written matter to be considered by the court in disposition.
The court may order counsel not to reveal items to the child or the
child's parent, guardian, or guardian ad litem if such disclosure
would materially harm the treatment and rehabilitation of the child
or would substantially decrease the likelihood of receiving
information from the same or similar sources in the future.
SECTION 5. Section 54.05(e), Family Code, is amended to
read as follows:
(e) After the hearing on the merits or facts, the court may
consider written reports from probation officers, professional
court employees, guardians ad litem appointed under Section
51.11(d), or professional consultants in addition to the testimony
of other witnesses. On or before the second day before the date of
the hearing to modify disposition, the court shall provide the
attorney for the child and the prosecuting attorney with access to
all written matter to be considered by the court in deciding whether
to modify disposition. The court may order counsel not to reveal
items to the child or the child's [his] parent, guardian, or
guardian ad litem if such disclosure would materially harm the
treatment and rehabilitation of the child or would substantially
decrease the likelihood of receiving information from the same or
similar sources in the future.
SECTION 6. Section 54.11(d), Family Code, is amended to
read as follows:
(d) At a hearing under this section the court may consider
written reports and supporting documents from probation officers,
professional court employees, guardians ad litem appointed under
Section 51.11(d), professional consultants, employees of the Texas
Juvenile Justice Department, or employees of a post-adjudication
secure correctional facility in addition to the testimony of
witnesses. On or before the fifth day before the date of the
hearing, the court shall provide the attorney for the person to be
transferred or released under supervision with access to all
written matter to be considered by the court. All written matter is
admissible in evidence at the hearing.
SECTION 7. Section 107.011, Family Code, is amended by
adding Subsection (e) to read as follows:
(e) The court may appoint the person appointed as guardian
ad litem for the child under Section 51.11 to also serve as the
guardian ad litem for the child under this section if the person is
qualified under this chapter to serve as guardian ad litem.
SECTION 8. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2049 passed the Senate on
April 29, 2021, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 27, 2021, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2049 passed the House, with
amendment, on May 18, 2021, by the following vote: Yeas 135,
Nays 2, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor