Texas 2023 - 88th Regular

Texas Senate Bill SB2109 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Johnson S.B. No. 2109
2	2	(In the Senate - Filed March 9, 2023; March 21, 2023, read
3	3	first time and referred to Committee on Jurisprudence;
4	4	April 4, 2023, reported favorably by the following vote: Yeas 4,
5	5	Nays 0; April 4, 2023, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the appointment of a guardian ad litem in certain suits
12	12	filed by the Department of Family and Protective Services.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 107.002(b-1), Family Code, is amended to
15	15	read as follows:
16	16	(b-1) In addition to the duties required by Subsection (b),
17	17	a guardian ad litem appointed for a child in a proceeding under
18	18	Chapter 262 or 263 or Section 264.203 shall:
19	19	(1) review the medical care provided to the child;
20	20	(2) in a developmentally appropriate manner, seek to
21	21	elicit the child's opinion on the medical care provided;
22	22	(3) for a child at least 16 years of age, ascertain
23	23	whether the child has received the following documents:
24	24	(A) a certified copy of the child's birth
25	25	certificate;
26	26	(B) a social security card or a replacement
27	27	social security card;
28	28	(C) a driver's license or personal
29	29	identification certificate under Chapter 521, Transportation Code;
30	30	and
31	31	(D) any other personal document the Department of
32	32	Family and Protective Services determines appropriate; and
33	33	(4) seek to elicit in a developmentally appropriate
34	34	manner the name of any adult, particularly an adult residing in the
35	35	child's community, who could be a relative or designated caregiver
36	36	for the child and immediately provide the names of those
37	37	individuals to the Department of Family and Protective Services.
38	38	SECTION 2. Sections 107.031(a) and (b), Family Code, are
39	39	amended to read as follows:
40	40	(a) A [In a suit filed by a governmental entity requesting
41	41	termination of the parent-child relationship or appointment of the
42	42	entity as conservator of the child, the] court may appoint a
43	43	charitable organization composed of volunteer advocates whose
44	44	charter mandates the provision of services to allegedly abused and
45	45	neglected children or an individual who has received the court's
46	46	approved training regarding abused and neglected children and who
47	47	has been certified by the court to appear at court hearings as a
48	48	guardian ad litem for the child or as a volunteer advocate for the
49	49	child in:
50	50	(1) a suit filed by a governmental entity requesting
51	51	termination of the parent-child relationship or appointment of the
52	52	entity as conservator of the child; or
53	53	(2) a suit filed by a governmental entity under
54	54	Section 264.203.
55	55	(b) In a suit other than a suit described by Subsection (a)
56	56	[filed by a governmental entity requesting termination of the
57	57	parent-child relationship or appointment of the entity as
58	58	conservator of the child], the court may appoint a charitable
59	59	organization composed of volunteer advocates whose training
60	60	provides for the provision of services in private custody disputes
61	61	or a person who has received the court's approved training
62	62	regarding the subject matter of the suit and who has been certified
63	63	by the court to appear at court hearings as a guardian ad litem for
64	64	the child or as a volunteer advocate for the child. A person
65	65	appointed under this subsection is not entitled to fees under
66	66	Section 107.023.
67	67	SECTION 3. Section 264.203, Family Code, is amended by
68	68	adding Subsections (g-1), (g-2), (g-3), and (g-4) to read as
69	69	follows:
70	70	(g-1) The court may appoint a guardian ad litem to represent
71	71	the best interests of the child immediately after the filing of the
72	72	petition but before the hearing. The guardian ad litem for the
73	73	child shall have the powers and duties of a guardian ad litem for a
74	74	child under Chapter 107. The guardian ad litem appointed for the
75	75	child may be:
76	76	(1) a charitable organization composed of volunteer
77	77	advocates or an individual volunteer advocate appointed under
78	78	Subchapter C;
79	79	(2) an adult with the competence, training, and
80	80	expertise the court determines is sufficient to represent the best
81	81	interests of the child; or
82	82	(3) an attorney appointed in the dual role.
83	83	(g-2) The court may not appoint a guardian ad litem in a suit
84	84	filed by a governmental entity if an attorney is appointed in the
85	85	dual role unless the court appoints another person to serve as
86	86	guardian ad litem for the child and restricts the role of the
87	87	attorney to acting as an attorney ad litem for the child.
88	88	(g-3) The court may appoint an attorney to serve as guardian
89	89	ad litem for a child without appointing the attorney to serve in the
90	90	dual role only if the attorney is specifically appointed to serve
91	91	only in the role of guardian ad litem. An attorney appointed solely
92	92	as a guardian ad litem:
93	93	(1) may take only those actions that may be taken by a
94	94	nonattorney guardian ad litem; and
95	95	(2) may not:
96	96	(A) perform legal services in the case; or
97	97	(B) take any action that is restricted to a
98	98	licensed attorney, including engaging in discovery other than as a
99	99	witness, making opening and closing statements, or examining
100	100	witnesses.
101	101	(g-4) The court may appoint the person appointed as guardian
102	102	ad litem for the child under Section 51.11 to also serve as the
103	103	guardian ad litem for the child under this section if the person is
104	104	qualified under Chapter 107 to serve as guardian ad litem.
105	105	SECTION 4. Section 264.601, Family Code, is amended to read
106	106	as follows:
107	107	Sec. 264.601. DEFINITIONS. In this subchapter:
108	108	(1) "Allegedly abused [Abused] or neglected child"
109	109	means a child:
110	110	(A) who is:
111	111	(i) [(A)] the subject of a suit affecting
112	112	the parent-child relationship filed by a governmental entity; and
113	113	(ii) [(B)] under the control or supervision
114	114	of the department; or
115	115	(B) who is the subject of a suit filed by a
116	116	governmental entity under Section 264.203.
117	117	(2) "Volunteer advocate program" means a
118	118	volunteer-based, nonprofit program that:
119	119	(A) provides advocacy services to allegedly
120	120	abused or neglected children with the goal of promoting [obtaining
121	121	a permanent placement for a child that is in] the child's best
122	122	interest; and
123	123	(B) complies with recognized standards for
124	124	volunteer advocate programs.
125	125	SECTION 5. Section 264.602(a), Family Code, is amended to
126	126	read as follows:
127	127	(a) The statewide organization with which the commission
128	128	contracts under Section 264.603 shall contract for services with
129	129	eligible volunteer advocate programs to provide advocacy services
130	130	to allegedly abused or neglected children.
131	131	SECTION 6. Section 264.604(a), Family Code, is amended to
132	132	read as follows:
133	133	(a) A person is eligible for a contract under Section
134	134	264.602 only if the person is a public or private nonprofit entity
135	135	that operates a volunteer advocate program that:
136	136	(1) uses individuals appointed as volunteer advocates
137	137	or guardians ad litem by the court to provide for the needs of
138	138	allegedly abused or neglected children;
139	139	(2) has provided court-appointed advocacy services
140	140	for at least six months;
141	141	(3) provides court-appointed advocacy services for at
142	142	least 10 children each month; and
143	143	(4) has demonstrated that the program has local
144	144	judicial support.
145	145	SECTION 7. Section 264.606, Family Code, is amended to read
146	146	as follows:
147	147	Sec. 264.606. CRITERIA FOR AWARD OF CONTRACTS. The
148	148	statewide organization with which the commission contracts under
149	149	Section 264.603 shall consider the following in awarding a contract
150	150	under Section 264.602:
151	151	(1) the volunteer advocate program's eligibility for
152	152	and use of funds from local, state, or federal governmental
153	153	sources, philanthropic organizations, and other sources;
154	154	(2) community support for the volunteer advocate
155	155	program as indicated by financial contributions from civic
156	156	organizations, individuals, and other community resources;
157	157	(3) whether the volunteer advocate program provides
158	158	services that promote the best interest of children [encourage the
159	159	permanent placement of children through reunification with their
160	160	families or timely placement with an adoptive family]; and
161	161	(4) whether the volunteer advocate program has the
162	162	endorsement and cooperation of the local juvenile court system.
163	163	SECTION 8. Section 264.607, Family Code, is amended to read
164	164	as follows:
165	165	Sec. 264.607. CONTRACT REQUIREMENTS. The commission shall
166	166	require that a contract under Section 264.602 require the volunteer
167	167	advocate program to:
168	168	(1) make quarterly and annual financial reports on a
169	169	form provided by the commission;
170	170	(2) cooperate with inspections and audits that the
171	171	commission makes to ensure service standards and fiscal
172	172	responsibility; and
173	173	(3) provide as a minimum:
174	174	(A) independent and factual information in
175	175	writing to the court and to counsel for the parties involved
176	176	regarding the child;
177	177	(B) advocacy through the courts for the best
178	178	interest of the child [permanent home placement and rehabilitation
179	179	services for the child];
180	180	(C) monitoring of the child to ensure the safety
181	181	of the child and to prevent unnecessary movement of the child to
182	182	multiple temporary placements;
183	183	(D) reports in writing to the presiding judge and
184	184	to counsel for the parties involved;
185	185	(E) community education relating to child abuse
186	186	and neglect;
187	187	(F) referral services to existing community
188	188	services;
189	189	(G) a volunteer recruitment and training
190	190	program, including adequate screening procedures for volunteers;
191	191	(H) procedures to assure the confidentiality of
192	192	records or information relating to the child; and
193	193	(I) compliance with the standards adopted under
194	194	Section 264.602.
195	195	SECTION 9. The changes in law made by this Act apply to a
196	196	suit filed by a governmental entity that is pending in a trial court
197	197	on or filed on or after the effective date of this Act.
198	198	SECTION 10. This Act takes effect September 1, 2023.
199	199	* * * * *