88R12032 MLH-F
By: Garcia, Campos, Johnson of Dallas, H.B. No. 2541
Sherman, Sr., Oliverson, et al.
A BILL TO BE ENTITLED
AN ACT
relating to policies and procedures regarding children placed by
the Department of Family and Protective Services in a residential
treatment center or program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 107.002, Family Code, is amended by
amending Subsection (b) and adding Subsection (j) to read as
follows:
(b) A guardian ad litem appointed for the child under this
chapter shall:
(1) within a reasonable time after the appointment,
interview:
(A) the child in a developmentally appropriate
manner, if the child is four years of age or older;
(B) each person who has significant knowledge of
the child's history and condition, including educators, child
welfare service providers, and any foster parent of the child; and
(C) the parties to the suit;
(2) seek to elicit in a developmentally appropriate
manner the child's:
(A) expressed objectives; and
(B) opinion of and concerns regarding the child's
current or proposed placement;
(3) consider the child's expressed objectives without
being bound by those objectives;
(4) encourage settlement and the use of alternative
forms of dispute resolution; and
(5) perform any specific task directed by the court.
(j) If a child is or may be placed in a residential treatment
center as defined by Section 263.001, a qualified residential
treatment program as defined by Section 263.00201, or a similar
treatment setting, the guardian ad litem:
(1) shall:
(A) review any available information related to
the child's needs, including the child and adolescent needs and
strengths assessment, any psychological evaluations, discharge
notices from current or past placements, recent incident reports,
and counseling notes;
(B) review any available information regarding
whether the placement is appropriate to meet the child's specific
needs; and
(C) provide to the court by report or testimony a
recommendation regarding the placement that is in the best interest
of the child; and
(2) as appropriate, may request a placement conference
and participate in any conferences conducted by the Department of
Family and Protective Services or the child's treatment team
related to initial and ongoing placement in a residential treatment
center, qualified residential treatment program, or similar
treatment setting.
SECTION 2. Section 107.004, Family Code, is amended by
adding Subsection (f) to read as follows:
(f) If a child is considered for placement in a residential
treatment center as defined by Section 263.001, a qualified
residential treatment program as defined by Section 263.00201, or a
similar treatment setting, the attorney ad litem:
(1) shall:
(A) review any available information related to
the child's needs, including the child and adolescent needs and
strengths assessment, any psychological evaluations, discharge
notices from current or past placements, recent incident reports,
and counseling notes;
(B) review any available information regarding
whether the placement is appropriate to meet the child's specific
needs;
(C) meet with the child before any hearing to
allow the attorney ad litem to:
(i) prepare for the hearing in accordance
with the child's expressed representation objectives; and
(ii) elicit, in a developmentally
appropriate manner, the child's opinion of and concerns regarding
the child's current or proposed placement;
(D) advise the child in a developmentally
appropriate manner regarding the Department of Family and
Protective Services' request or recommendation for placement and
the likelihood of the request being granted; and
(E) advocate to the court for the child's
specific desires regarding the requested placement in accordance
with Subsection (a)(2); and
(2) may, as appropriate:
(A) request a placement conference; and
(B) participate in any conferences conducted by
the Department of Family and Protective Services or the child's
treatment team related to initial and ongoing placement in a
residential treatment center, qualified residential treatment
program, or similar treatment setting unless there is good cause
shown for excluding the attorney ad litem.
SECTION 3. Section 107.0131(a), Family Code, is amended to
read as follows:
(a) An attorney ad litem appointed under Section 107.013 to
represent the interests of a parent:
(1) shall:
(A) subject to Rules 4.02, 4.03, and 4.04, Texas
Disciplinary Rules of Professional Conduct, and within a reasonable
time after the appointment, interview:
(i) the parent, unless the parent's
location is unknown;
(ii) each person who has significant
knowledge of the case; and
(iii) the parties to the suit;
(B) investigate the facts of the case;
(C) to ensure competent representation at
hearings, mediations, pretrial matters, and the trial on the
merits:
(i) obtain and review copies of all court
files in the suit during the attorney ad litem's course of
representation; and
(ii) when necessary, conduct formal
discovery under the Texas Rules of Civil Procedure or the discovery
control plan;
(D) take any action consistent with the parent's
interests that the attorney ad litem considers necessary to
expedite the proceedings;
(E) encourage settlement and the use of
alternative forms of dispute resolution;
(F) review and sign, or decline to sign, a
proposed or agreed order affecting the parent;
(G) meet before each court hearing with the
parent, unless the court:
(i) finds at that hearing that the attorney
ad litem has shown good cause why the attorney ad litem's compliance
is not feasible; or
(ii) on a showing of good cause, authorizes
the attorney ad litem to comply by conferring with the parent, as
appropriate, by telephone or video conference;
(H) abide by the parent's objectives for
representation;
(I) become familiar with the American Bar
Association's standards of practice for attorneys who represent
parents in abuse and neglect cases; and
(J) complete at least three hours of continuing
legal education relating to representing parents in child
protection cases as described by Subsection (b) as soon as
practicable after the attorney ad litem is appointed, unless the
court finds that the attorney ad litem has experience equivalent to
that education; and
(2) is entitled to:
(A) request clarification from the court if the
role of the attorney ad litem is ambiguous;
(B) request a hearing or trial on the merits;
(C) consent or refuse to consent to an interview
of the parent by another attorney;
(D) receive a copy of each pleading or other
paper filed with the court;
(E) receive notice of each hearing in the suit;
(F) participate in any case staffing conducted by
the Department of Family and Protective Services in which the
parent is invited to participate, including, as appropriate, a case
staffing to develop a family plan of service, a family group
conference, a permanency conference, a mediation, a case staffing
to plan for the discharge and return of the child to the parent, a
case staffing related to a placement in a residential treatment
center as defined by Section 263.001 or qualified residential
treatment program as defined by Section 263.00201, and any other
case staffing that the department determines would be appropriate
for the parent to attend, but excluding any internal department
staffing or staffing between the department and the department's
legal representative; and
(G) attend all legal proceedings in the suit.
SECTION 4. Section 263.001(a), Family Code, is amended by
adding Subdivision (3-c) to read as follows:
(3-c) "Residential treatment center" means a general
residential operation licensed under Chapter 42, Human Resources
Code, that provides treatment services.
SECTION 5. This Act takes effect September 1, 2023.