Texas 2023 - 88th Regular

Texas House Bill HB1499

Filed
1/20/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the duties of court-appointed guardians ad litem, attorneys ad litem, and amicus attorneys in certain suits affecting the parent-child relationship.

Impact

The bill's enactment is expected to bring significant changes to the Texas Family Code, particularly concerning the responsibilities of guardians and attorneys ad litem. By establishing a structured process for attorney-client interaction, the bill emphasizes the importance of timely and effective communication between legal representatives and their clients. This is particularly vital in ensuring that children's voices and needs are adequately represented in legal matters that profoundly affect their lives. The changes aim to enhance both the efficacy of legal proceedings and the overall welfare of children involved in such cases.

Summary

House Bill 1499 aims to enhance the responsibilities and timelines associated with the duties of court-appointed guardians ad litem and attorneys ad litem in cases related to the parent-child relationship. The bill sets explicit deadlines for these legal representatives to consult with their clients, ensuring that attorneys meet with children and other key parties within specified timeframes. This change is intended to foster a more proactive approach to legal representation by ensuring that attorneys engage with their clients much earlier in the process, thereby improving the quality of representation that children receive in family court proceedings.

Sentiment

The sentiment surrounding HB 1499 is generally supportive, especially among advocates for children’s rights and legal reform professionals. Supporters argue that by mandating specific time frames for interaction, the bill will lead to better outcomes for children in legal processes. They feel that it addresses previous shortcomings in representation that have led to inadequate advocacy for vulnerable populations. However, there may also be concerns regarding the workload and feasibility for attorneys, particularly in handling the increased demands of compliance with the new timelines amidst existing caseloads.

Contention

While many stakeholders support the bill's objective of improving child representation, there is contention regarding the practicality of the mandated timelines. Critics, including some legal representatives and state agencies, may argue that the fixed deadlines can create challenges in effectively managing cases, particularly in areas with limited legal resources. Furthermore, there are concerns about how these requirements might affect the overall workload of attorneys ad litem, potentially impacting their ability to serve their current cases adequately.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 107. Special Appointments, Child Custody Evaluations, And Adoption Evaluations
    • Section: New Section
    • Section: 011
    • Section: 012
    • Section: 0131

Companion Bills

No companion bills found.

Similar Bills

TX HB3382

Relating to the duties of court-appointed guardians ad litem, attorneys ad litem, and amicus attorneys in certain suits affecting the parent-child relationship.

CA SB498

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TX SB323

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TX HB2530

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TX HB852

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