Texas 2023 - 88th Regular

Texas House Bill HB2541 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R12032 MLH-F
2	2	By: Garcia, Campos, Johnson of Dallas, H.B. No. 2541
3	3	Sherman, Sr., Oliverson, et al.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to policies and procedures regarding children placed by
9	9	the Department of Family and Protective Services in a residential
10	10	treatment center or program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 107.002, Family Code, is amended by
13	13	amending Subsection (b) and adding Subsection (j) to read as
14	14	follows:
15	15	(b) A guardian ad litem appointed for the child under this
16	16	chapter shall:
17	17	(1) within a reasonable time after the appointment,
18	18	interview:
19	19	(A) the child in a developmentally appropriate
20	20	manner, if the child is four years of age or older;
21	21	(B) each person who has significant knowledge of
22	22	the child's history and condition, including educators, child
23	23	welfare service providers, and any foster parent of the child; and
24	24	(C) the parties to the suit;
25	25	(2) seek to elicit in a developmentally appropriate
26	26	manner the child's:
27	27	(A) expressed objectives; and
28	28	(B) opinion of and concerns regarding the child's
29	29	current or proposed placement;
30	30	(3) consider the child's expressed objectives without
31	31	being bound by those objectives;
32	32	(4) encourage settlement and the use of alternative
33	33	forms of dispute resolution; and
34	34	(5) perform any specific task directed by the court.
35	35	(j) If a child is or may be placed in a residential treatment
36	36	center as defined by Section 263.001, a qualified residential
37	37	treatment program as defined by Section 263.00201, or a similar
38	38	treatment setting, the guardian ad litem:
39	39	(1) shall:
40	40	(A) review any available information related to
41	41	the child's needs, including the child and adolescent needs and
42	42	strengths assessment, any psychological evaluations, discharge
43	43	notices from current or past placements, recent incident reports,
44	44	and counseling notes;
45	45	(B) review any available information regarding
46	46	whether the placement is appropriate to meet the child's specific
47	47	needs; and
48	48	(C) provide to the court by report or testimony a
49	49	recommendation regarding the placement that is in the best interest
50	50	of the child; and
51	51	(2) as appropriate, may request a placement conference
52	52	and participate in any conferences conducted by the Department of
53	53	Family and Protective Services or the child's treatment team
54	54	related to initial and ongoing placement in a residential treatment
55	55	center, qualified residential treatment program, or similar
56	56	treatment setting.
57	57	SECTION 2. Section 107.004, Family Code, is amended by
58	58	adding Subsection (f) to read as follows:
59	59	(f) If a child is considered for placement in a residential
60	60	treatment center as defined by Section 263.001, a qualified
61	61	residential treatment program as defined by Section 263.00201, or a
62	62	similar treatment setting, the attorney ad litem:
63	63	(1) shall:
64	64	(A) review any available information related to
65	65	the child's needs, including the child and adolescent needs and
66	66	strengths assessment, any psychological evaluations, discharge
67	67	notices from current or past placements, recent incident reports,
68	68	and counseling notes;
69	69	(B) review any available information regarding
70	70	whether the placement is appropriate to meet the child's specific
71	71	needs;
72	72	(C) meet with the child before any hearing to
73	73	allow the attorney ad litem to:
74	74	(i) prepare for the hearing in accordance
75	75	with the child's expressed representation objectives; and
76	76	(ii) elicit, in a developmentally
77	77	appropriate manner, the child's opinion of and concerns regarding
78	78	the child's current or proposed placement;
79	79	(D) advise the child in a developmentally
80	80	appropriate manner regarding the Department of Family and
81	81	Protective Services' request or recommendation for placement and
82	82	the likelihood of the request being granted; and
83	83	(E) advocate to the court for the child's
84	84	specific desires regarding the requested placement in accordance
85	85	with Subsection (a)(2); and
86	86	(2) may, as appropriate:
87	87	(A) request a placement conference; and
88	88	(B) participate in any conferences conducted by
89	89	the Department of Family and Protective Services or the child's
90	90	treatment team related to initial and ongoing placement in a
91	91	residential treatment center, qualified residential treatment
92	92	program, or similar treatment setting unless there is good cause
93	93	shown for excluding the attorney ad litem.
94	94	SECTION 3. Section 107.0131(a), Family Code, is amended to
95	95	read as follows:
96	96	(a) An attorney ad litem appointed under Section 107.013 to
97	97	represent the interests of a parent:
98	98	(1) shall:
99	99	(A) subject to Rules 4.02, 4.03, and 4.04, Texas
100	100	Disciplinary Rules of Professional Conduct, and within a reasonable
101	101	time after the appointment, interview:
102	102	(i) the parent, unless the parent's
103	103	location is unknown;
104	104	(ii) each person who has significant
105	105	knowledge of the case; and
106	106	(iii) the parties to the suit;
107	107	(B) investigate the facts of the case;
108	108	(C) to ensure competent representation at
109	109	hearings, mediations, pretrial matters, and the trial on the
110	110	merits:
111	111	(i) obtain and review copies of all court
112	112	files in the suit during the attorney ad litem's course of
113	113	representation; and
114	114	(ii) when necessary, conduct formal
115	115	discovery under the Texas Rules of Civil Procedure or the discovery
116	116	control plan;
117	117	(D) take any action consistent with the parent's
118	118	interests that the attorney ad litem considers necessary to
119	119	expedite the proceedings;
120	120	(E) encourage settlement and the use of
121	121	alternative forms of dispute resolution;
122	122	(F) review and sign, or decline to sign, a
123	123	proposed or agreed order affecting the parent;
124	124	(G) meet before each court hearing with the
125	125	parent, unless the court:
126	126	(i) finds at that hearing that the attorney
127	127	ad litem has shown good cause why the attorney ad litem's compliance
128	128	is not feasible; or
129	129	(ii) on a showing of good cause, authorizes
130	130	the attorney ad litem to comply by conferring with the parent, as
131	131	appropriate, by telephone or video conference;
132	132	(H) abide by the parent's objectives for
133	133	representation;
134	134	(I) become familiar with the American Bar
135	135	Association's standards of practice for attorneys who represent
136	136	parents in abuse and neglect cases; and
137	137	(J) complete at least three hours of continuing
138	138	legal education relating to representing parents in child
139	139	protection cases as described by Subsection (b) as soon as
140	140	practicable after the attorney ad litem is appointed, unless the
141	141	court finds that the attorney ad litem has experience equivalent to
142	142	that education; and
143	143	(2) is entitled to:
144	144	(A) request clarification from the court if the
145	145	role of the attorney ad litem is ambiguous;
146	146	(B) request a hearing or trial on the merits;
147	147	(C) consent or refuse to consent to an interview
148	148	of the parent by another attorney;
149	149	(D) receive a copy of each pleading or other
150	150	paper filed with the court;
151	151	(E) receive notice of each hearing in the suit;
152	152	(F) participate in any case staffing conducted by
153	153	the Department of Family and Protective Services in which the
154	154	parent is invited to participate, including, as appropriate, a case
155	155	staffing to develop a family plan of service, a family group
156	156	conference, a permanency conference, a mediation, a case staffing
157	157	to plan for the discharge and return of the child to the parent, a
158	158	case staffing related to a placement in a residential treatment
159	159	center as defined by Section 263.001 or qualified residential
160	160	treatment program as defined by Section 263.00201, and any other
161	161	case staffing that the department determines would be appropriate
162	162	for the parent to attend, but excluding any internal department
163	163	staffing or staffing between the department and the department's
164	164	legal representative; and
165	165	(G) attend all legal proceedings in the suit.
166	166	SECTION 4. Section 263.001(a), Family Code, is amended by
167	167	adding Subdivision (3-c) to read as follows:
168	168	(3-c) "Residential treatment center" means a general
169	169	residential operation licensed under Chapter 42, Human Resources
170	170	Code, that provides treatment services.
171	171	SECTION 5. This Act takes effect September 1, 2023.