Texas 2023 - 88th Regular

Texas Senate Bill SB2109

Filed
3/9/23  
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

If enacted, SB 2109 would significantly alter the funding model for CASA programs across Texas. The ability to access state funds for a broader range of child welfare cases is expected to bolster the support provided to children in various situations, promoting a more comprehensive approach to advocacy. Advocates argue that this legislation will not only enhance the services provided by CASA but also improve outcomes for children and families involved in the child welfare system. Supporters envision a more robust system that can address the complexities of family and child needs beyond traditional foster care scenarios.

Summary

Senate Bill 2109 is designed to enhance the role of court-appointed special advocates (CASA) in Texas child welfare cases. The bill allows CASA programs to utilize state funding for all child welfare cases, not just those related to foster care, thereby expanding their scope of work. This legislative change seeks to support the evolving practices within CASA programs, which have undergone substantial changes in their operations, training, and focus on placing children’s families at the center of their advocacy efforts. Senator Johnson, the bill’s author, emphasized the need for this expanded funding to better assist children and families in the child welfare system.

Sentiment

The sentiment surrounding SB 2109 appears to be largely positive, particularly among child welfare advocates and organizations such as Texas CASA. Supporters believe that this bill represents a necessary advancement in the state's ability to provide adequate resources and support to vulnerable children and families. The advocacy groups express optimism that this change will strengthen the advocacy framework in Texas, responding effectively to the evolving challenges faced by families in crisis.

Contention

While the broader consensus is in favor of the bill, there may be concerns related to the allocation of state funds and the management of CASA programs. Opponents of similar funding expansions in the past have pointed to challenges in accountability and effectiveness. However, discussions during the committee meetings, led by supportive voices, focus on the positive transformations undertaken by CASA to ensure that funding translates into practical benefits for the children served. Notably, the conversations reflect an understanding of the vital need for systemic support in navigating child welfare complexities.

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
  • Chapter 264. Child Welfare Services
    • Section: 203
    • Section: 601
    • Section: 602
    • Section: 604
    • Section: 606
    • Section: 607
    • Section: New Section
    • Section: 203
    • Section: 601
    • Section: 602
    • Section: 603
    • Section: 604
    • Section: 606
    • Section: 607

Companion Bills

TX HB2794

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

Similar Bills

CA AB1025

Standby Caretaker Act.

CA SB1279

Guardian ad litem appointment.

TX SB1325

Relating to authorizing counties to establish public guardians to serve as guardians for certain incapacitated persons.

CA SB303

Guardians and conservators: compensation: residence of conservatee.

WV HB2035

Establishing pilot program for Public Guardian Ad Litem Services

CA AB1378

Standby guardianship of minors.

MI SB0254

Probate: guardians and conservators; requirements to be appointed as guardian or conservator; modify. Amends secs. 5104, 5106, 5303, 5304, 5305, 5306, 5306a, 5310, 5312, 5313, 5314, 5406, 5409, 5414, 5415, 5416, 5417 & 5418 of 1998 PA 386 (MCL 700.5104 et seq.) & adds secs. 5106a, 5312a, 5314a, 5314b & 5314c.

MI SB0258

Probate: guardians and conservators; duties of guardians, conservators, and guardian ad litem; modify. Amends secs. 5104, 5106, 5303, 5304, 5305, 5306, 5306a, 5310, 5312, 5313, 5314, 5406, 5409, 5414, 5415, 5416, 5417 & 5418 of 1998 PA 386 (MCL 700.5104 et. seq.) & adds secs. 5106a, 5312a, 5314a, 5314b & 5314c.