Texas House Bill HB2794

Texas 2023 - 88th Regular

• Filed: 2/24/23
• Out of House Committee: 4/6/23
• Voted on by House: 5/6/23

Caption

Relating to the appointment of a guardian ad litem in certain suits filed by the Department of Family and Protective Services.

Impact

The proposed changes could significantly impact state laws by streamlining the process and criteria under which guardians ad litem are appointed. By prioritizing CASA programs and expanding their funding rights, HB2794 seeks to ensure that every child within the foster care system receives the necessary support and legal representation to safeguard their interests. The legislation emphasizes the importance of volunteer advocates in child welfare, reflecting a shift towards more community-driven support structures in managing cases of abuse and neglect.

Summary

House Bill 2794 aims to amend the Texas Family Code concerning the appointment of guardians ad litem in cases involving children under the jurisdiction of the Department of Family and Protective Services. Specifically, this bill allows Court Appointed Special Advocates (CASA) programs to utilize their funding for appointments in all child welfare cases, including court-ordered service cases. This expansion is intended to enhance the support for children and families involved in such cases by enabling CASA programs to provide critical oversight and advocacy at a time when many families may be in need of additional assistance.

Sentiment

The legislative discussions surrounding HB2794 have generally been favorable among advocates of child welfare. Supporters, including representatives from Texas CASA, argue that the bill represents a critical step forward in improving the child welfare system by reducing barriers that previously limited volunteer agencies' roles. However, some skepticism remains regarding the bill's implementation and the capacity of CASA programs to handle the anticipated increased responsibilities efficiently.

Contention

One notable point of contention revolves around how the bill balances child welfare with parental rights. The legislation includes amendments emphasizing that parental rights must be retained throughout the process, which critics argue could complicate the efforts of CASA programs to advocate for children's best interests while navigating sensitive family dynamics. The ongoing debate highlights the complexities faced by legal frameworks in prioritizing both child safety and parental rights in the context of state intervention.

Texas Constitutional Statutes Affected

Family Code

• Chapter 107. Special Appointments, Child Custody Evaluations, And Adoption Evaluations
  • Section: New Section
  • Section: 031
  • Section: New Section
  • Section: 031
  • Section: New Section
  • Section: 031

• Chapter 264. Child Welfare Services
  • Section: 203
  • Section: 601
  • Section: 602
  • Section: 604
  • Section: 606
  • Section: 607
  • Section: 203
  • Section: 601
  • Section: 602
  • Section: 604
  • Section: 606
  • Section: 607
  • Section: 203
  • Section: 601
  • Section: 602
  • Section: 604
  • Section: 606
  • Section: 607