Texas 2023 - 88th Regular

Texas House Bill HB2794 Compare Versions

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1	1	By: Lujan, Leo-Wilson, Neave Criado, Bailes, H.B. No. 2794
2	2	Murr, et al.
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the appointment of a guardian ad litem in certain suits
8	8	filed by the Department of Family and Protective Services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 107.002(b-1), Family Code, is amended to
11	11	read as follows:
12	12	(b-1) In addition to the duties required by Subsection (b),
13	13	a guardian ad litem appointed for a child in a proceeding under
14	14	Chapter 262 or 263 or Section 264.203 shall:
15	15	(1) review the medical care provided to the child;
16	16	(2) in a developmentally appropriate manner, seek to
17	17	elicit the child's opinion on the medical care provided;
18	18	(3) for a child at least 16 years of age, ascertain
19	19	whether the child has received the following documents:
20	20	(A) a certified copy of the child's birth
21	21	certificate;
22	22	(B) a social security card or a replacement
23	23	social security card;
24	24	(C) a driver's license or personal
25	25	identification certificate under Chapter 521, Transportation Code;
26	26	and
27	27	(D) any other personal document the Department of
28	28	Family and Protective Services determines appropriate; and
29	29	(4) seek to elicit in a developmentally appropriate
30	30	manner the name of any adult, particularly an adult residing in the
31	31	child's community, who could be a relative or designated caregiver
32	32	for the child and immediately provide the names of those
33	33	individuals to the Department of Family and Protective Services.
34	34	SECTION 2. Section 107.031, Family Code, is amended by
35	35	amending Subsections (a) and (b) and adding Subsection (a-1) to
36	36	read as follows:
37	37	(a) A [In a suit filed by a governmental entity requesting
38	38	termination of the parent-child relationship or appointment of the
39	39	entity as conservator of the child, the] court may appoint a
40	40	charitable organization composed of volunteer advocates whose
41	41	charter mandates the provision of services to allegedly abused and
42	42	neglected children or an individual who has received the court's
43	43	approved training regarding abused and neglected children and who
44	44	has been certified by the court to appear at court hearings as a
45	45	guardian ad litem for the child or as a volunteer advocate for the
46	46	child in:
47	47	(1) a suit filed by a governmental entity requesting
48	48	termination of the parent-child relationship or appointment of the
49	49	entity as conservator of the child; or
50	50	(2) a suit filed by a governmental entity under
51	51	Section 264.203.
52	52	(a-1) A court that appoints a guardian ad litem under
53	53	Subsection (a) shall prioritize appointments in suits described by
54	54	Subsection (a)(1). A court may not appoint a guardian ad litem in a
55	55	suit described by Subsection (a)(2) unless, at the time the court
56	56	considers the appointment, each suit before the court described by
57	57	Subsection (a)(1) for which a guardian ad litem may be appointed has
58	58	received an appointment.
59	59	(b) In a suit other than a suit described by Subsection (a)
60	60	[filed by a governmental entity requesting termination of the
61	61	parent-child relationship or appointment of the entity as
62	62	conservator of the child], the court may appoint a charitable
63	63	organization composed of volunteer advocates whose training
64	64	provides for the provision of services in private custody disputes
65	65	or a person who has received the court's approved training
66	66	regarding the subject matter of the suit and who has been certified
67	67	by the court to appear at court hearings as a guardian ad litem for
68	68	the child or as a volunteer advocate for the child. A person
69	69	appointed under this subsection is not entitled to fees under
70	70	Section 107.023.
71	71	SECTION 3. Section 264.203, Family Code, is amended by
72	72	adding Subsections (g-1), (g-2), (g-3), (g-4), (g-5), and (g-6) to
73	73	read as follows:
74	74	(g-1) Subject to Section 107.031(a-1), the court may
75	75	appoint a guardian ad litem to represent the best interests of the
76	76	child immediately after the filing of the petition but before the
77	77	hearing. The guardian ad litem for the child shall have the powers
78	78	and duties of a guardian ad litem for a child under Chapter 107. The
79	79	guardian ad litem appointed for the child may be:
80	80	(1) a charitable organization composed of volunteer
81	81	advocates or an individual volunteer advocate appointed under
82	82	Subchapter C; or
83	83	(2) an attorney appointed in a dual role.
84	84	(g-2) The court may not appoint a guardian ad litem in a suit
85	85	filed by a governmental entity if an attorney is appointed in the
86	86	dual role unless the court appoints another person to serve as
87	87	guardian ad litem for the child and restricts the role of the
88	88	attorney to acting as an attorney ad litem for the child.
89	89	(g-3) The court may appoint an attorney to serve as guardian
90	90	ad litem for a child without appointing the attorney to serve in the
91	91	dual role only if the attorney is specifically appointed to serve
92	92	only in the role of guardian ad litem. An attorney appointed solely
93	93	as a guardian ad litem:
94	94	(1) may take only those actions that may be taken by a
95	95	nonattorney guardian ad litem; and
96	96	(2) may not:
97	97	(A) perform legal services in the case; or
98	98	(B) take any action that is restricted to a
99	99	licensed attorney, including engaging in discovery other than as a
100	100	witness, making opening and closing statements, or examining
101	101	witnesses.
102	102	(g-4) The court may appoint the person appointed as guardian
103	103	ad litem for the child under Section 51.11 to also serve as the
104	104	guardian ad litem for the child under this section if the person is
105	105	qualified under Chapter 107 to serve as guardian ad litem.
106	106	(g-5) In a suit filed under this section, a parent retains
107	107	the parent's legal and parental rights and it is a rebuttable
108	108	presumption that:
109	109	(1) a parent acts in the best interest of the parent's
110	110	child; and
111	111	(2) it is in the best interest of a child to be in the
112	112	care, custody, and control of a parent.
113	113	(g-6) A charitable organization composed of volunteer
114	114	advocates or an individual volunteer advocate appointed as guardian
115	115	ad litem for a child under Subsection (g-1):
116	116	(1) shall consider the presumptions under Subsection
117	117	(g-5) before making any recommendation to the court; and
118	118	(2) may not recommend the court order removal of the
119	119	child from the child's parent.
120	120	SECTION 4. Section 264.601, Family Code, is amended to read
121	121	as follows:
122	122	Sec. 264.601. DEFINITIONS. In this subchapter:
123	123	(1) "Allegedly abused [Abused] or neglected child"
124	124	means a child:
125	125	(A) who is:
126	126	(i) [(A)] the subject of a suit affecting
127	127	the parent-child relationship filed by a governmental entity; and
128	128	(ii) [(B)] under the control or supervision
129	129	of the department; or
130	130	(B) who is the subject of a suit filed by a
131	131	governmental entity under Section 264.203.
132	132	(2) "Volunteer advocate program" means a
133	133	volunteer-based, nonprofit program that:
134	134	(A) provides advocacy services to allegedly
135	135	abused or neglected children with the goal of promoting [obtaining
136	136	a permanent placement for a child that is in] the child's best
137	137	interest; and
138	138	(B) complies with recognized standards for
139	139	volunteer advocate programs.
140	140	SECTION 5. Section 264.602(a), Family Code, is amended to
141	141	read as follows:
142	142	(a) The statewide organization with which the commission
143	143	contracts under Section 264.603 shall contract for services with
144	144	eligible volunteer advocate programs to provide advocacy services
145	145	to allegedly abused or neglected children.
146	146	SECTION 6. Section 264.604(a), Family Code, is amended to
147	147	read as follows:
148	148	(a) A person is eligible for a contract under Section
149	149	264.602 only if the person is a public or private nonprofit entity
150	150	that operates a volunteer advocate program that:
151	151	(1) uses individuals appointed as volunteer advocates
152	152	or guardians ad litem by the court to provide for the needs of
153	153	allegedly abused or neglected children;
154	154	(2) has provided court-appointed advocacy services
155	155	for at least six months;
156	156	(3) provides court-appointed advocacy services for at
157	157	least 10 children each month; and
158	158	(4) has demonstrated that the program has local
159	159	judicial support.
160	160	SECTION 7. Section 264.606, Family Code, is amended to read
161	161	as follows:
162	162	Sec. 264.606. CRITERIA FOR AWARD OF CONTRACTS. The
163	163	statewide organization with which the commission contracts under
164	164	Section 264.603 shall consider the following in awarding a contract
165	165	under Section 264.602:
166	166	(1) the volunteer advocate program's eligibility for
167	167	and use of funds from local, state, or federal governmental
168	168	sources, philanthropic organizations, and other sources;
169	169	(2) community support for the volunteer advocate
170	170	program as indicated by financial contributions from civic
171	171	organizations, individuals, and other community resources;
172	172	(3) whether the volunteer advocate program provides
173	173	services that promote the best interest of children [encourage the
174	174	permanent placement of children through reunification with their
175	175	families or timely placement with an adoptive family]; and
176	176	(4) whether the volunteer advocate program has the
177	177	endorsement and cooperation of the local juvenile court system.
178	178	SECTION 8. Section 264.607, Family Code, is amended to read
179	179	as follows:
180	180	Sec. 264.607. CONTRACT REQUIREMENTS. The commission shall
181	181	require that a contract under Section 264.602 require the volunteer
182	182	advocate program to:
183	183	(1) make quarterly and annual financial reports on a
184	184	form provided by the commission;
185	185	(2) cooperate with inspections and audits that the
186	186	commission makes to ensure service standards and fiscal
187	187	responsibility; and
188	188	(3) provide as a minimum:
189	189	(A) independent and factual information in
190	190	writing to the court and to counsel for the parties involved
191	191	regarding the child;
192	192	(B) advocacy through the courts for the best
193	193	interest of the child [permanent home placement and rehabilitation
194	194	services for the child];
195	195	(C) monitoring of the child to ensure the safety
196	196	of the child and to prevent unnecessary movement of the child to
197	197	multiple temporary placements;
198	198	(D) reports in writing to the presiding judge and
199	199	to counsel for the parties involved;
200	200	(E) community education relating to child abuse
201	201	and neglect;
202	202	(F) referral services to existing community
203	203	services;
204	204	(G) a volunteer recruitment and training
205	205	program, including adequate screening procedures for volunteers;
206	206	(H) procedures to assure the confidentiality of
207	207	records or information relating to the child; and
208	208	(I) compliance with the standards adopted under
209	209	Section 264.602.
210	210	SECTION 9. The changes in law made by this Act apply to a
211	211	suit filed by a governmental entity that is pending in a trial court
212	212	on or filed on or after the effective date of this Act.
213	213	SECTION 10. This Act takes effect September 1, 2023.