Texas 2025 - 89th Regular

Texas House Bill HB3382 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R13598 DNC-F
2	2	By: Campos H.B. No. 3382
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the duties of court-appointed guardians ad litem,
10	10	attorneys ad litem, and amicus attorneys in certain suits affecting
11	11	the parent-child relationship.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Sections 107.002(b), (b-1), and (i), Family
14	14	Code, are amended to read as follows:
15	15	(b) A guardian ad litem appointed for the child under this
16	16	chapter shall:
17	17	(1) not later than the seventh business day [within a
18	18	reasonable time] after the date of the appointment, interview:
19	19	(A) the child in a developmentally appropriate
20	20	manner, if the child is three [four] years of age or older;
21	21	(B) the child's caregiver or the administrator of
22	22	the licensed child-placing agency that placed the child [each
23	23	person who has significant knowledge of the child's history and
24	24	condition, including educators, child welfare service providers,
25	25	and any foster parent of the child]; and
26	26	(C) the parties to the suit;
27	27	(2) not later than the 15th business day after the date
28	28	of the appointment, interview each person who has significant
29	29	knowledge of the child's history and condition, including
30	30	educators, child welfare service providers, and any foster parent
31	31	of the child;
32	32	(3) seek to elicit in a developmentally appropriate
33	33	manner the child's:
34	34	(A) expressed objectives; and
35	35	(B) opinion of and concerns regarding the child's
36	36	current or proposed placement;
37	37	(4) [(3)] consider the child's expressed objectives
38	38	without being bound by those objectives;
39	39	(5) [(4)] encourage settlement and the use of
40	40	alternative forms of dispute resolution; and
41	41	(6) [(5)] perform any specific task directed by the
42	42	court.
43	43	(b-1) In addition to the duties required by Subsection (b),
44	44	a guardian ad litem appointed for a child in a proceeding under
45	45	Chapter 262 or 263 shall:
46	46	(1) review the medical care provided to the child;
47	47	(2) in a developmentally appropriate manner, seek to
48	48	elicit the child's opinion on the medical care provided;
49	49	(3) for a child at least 17 [16] years of age,
50	50	ascertain whether the child has received the following documents:
51	51	(A) a certified copy of the child's birth
52	52	certificate;
53	53	(B) a social security card or a replacement
54	54	social security card;
55	55	(C) a driver's license or personal
56	56	identification certificate under Chapter 521, Transportation Code;
57	57	and
58	58	(D) any other personal document the Department of
59	59	Family and Protective Services or single source continuum
60	60	contractor determines appropriate; and
61	61	(4) for a child at least 13 years of age, ascertain
62	62	whether the child has received a personal identification
63	63	certificate under Chapter 521, Transportation Code [seek to elicit
64	64	in a developmentally appropriate manner the name of any adult,
65	65	particularly an adult residing in the child's community, who could
66	66	be a relative or designated caregiver for the child and immediately
67	67	provide the names of those individuals to the Department of Family
68	68	and Protective Services].
69	69	(i) A guardian ad litem appointed to represent a child in
70	70	the managing conservatorship of the Department of Family and
71	71	Protective Services shall, at least 72 hours before each scheduled
72	72	hearing under Chapter 263, determine whether the child's
73	73	educational needs and goals have been identified and addressed.
74	74	SECTION 2. Section 107.003, Family Code, is amended to read
75	75	as follows:
76	76	Sec. 107.003. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR
77	77	CHILD AND AMICUS ATTORNEY. (a) An attorney ad litem appointed to
78	78	represent a child or an amicus attorney appointed to assist the
79	79	court:
80	80	(1) shall:
81	81	(A) subject to Rules 4.02, 4.03, and 4.04, Texas
82	82	Disciplinary Rules of Professional Conduct, and not later than the
83	83	seventh business day [within a reasonable time] after the date of
84	84	the appointment, interview:
85	85	(i) the child in a developmentally
86	86	appropriate manner, if the child is three [four] years of age or
87	87	older;
88	88	(ii) the child's caregiver or the
89	89	administrator of the licensed child-placing agency that placed the
90	90	child [each person who has significant knowledge of the child's
91	91	history and condition, including any foster parent of the child];
92	92	and
93	93	(iii) the parties to the suit;
94	94	(B) not later than the 15th business day after
95	95	the date of the appointment, interview each person who has
96	96	significant knowledge of the child's history and condition,
97	97	including educators, child welfare service providers, and any
98	98	foster parent of the child;
99	99	(C) seek to elicit in a developmentally
100	100	appropriate manner the child's expressed objectives of
101	101	representation;
102	102	(D) [(C)] consider the impact on the child in
103	103	formulating the attorney's presentation of the child's expressed
104	104	objectives of representation to the court;
105	105	(E) [(D)] investigate the facts of the case to
106	106	the extent the attorney considers appropriate;
107	107	(F) [(E)] obtain and review copies of relevant
108	108	records relating to the child as provided by Section 107.006;
109	109	(G) [(F)] participate in the conduct of the
110	110	litigation to the same extent as an attorney for a party;
111	111	(H) [(G)] take any action consistent with the
112	112	child's interests that the attorney considers necessary to expedite
113	113	the proceedings;
114	114	(I) [(H)] encourage settlement and the use of
115	115	alternative forms of dispute resolution; and
116	116	(J) [(I)] review and sign, or decline to sign, a
117	117	proposed or agreed order affecting the child;
118	118	(2) must be trained in child advocacy or have
119	119	experience determined by the court to be equivalent to that
120	120	training; and
121	121	(3) is entitled to:
122	122	(A) request clarification from the court if the
123	123	role of the attorney is ambiguous;
124	124	(B) request a hearing or trial on the merits;
125	125	(C) consent or refuse to consent to an interview
126	126	of the child by another attorney;
127	127	(D) receive a copy of each pleading or other
128	128	paper filed with the court;
129	129	(E) receive notice of each hearing in the suit;
130	130	(F) participate in any case staffing concerning
131	131	the child conducted by the Department of Family and Protective
132	132	Services or a single source continuum contractor; and
133	133	(G) attend all legal proceedings in the suit.
134	134	(b) In addition to the duties required by Subsection (a), an
135	135	attorney ad litem appointed for a child in a proceeding under
136	136	Chapter 262, 263, or 264 shall:
137	137	(1) review the medical care provided to the child;
138	138	(2) in a developmentally appropriate manner, seek to
139	139	elicit the child's opinion on the medical care provided;
140	140	(3) for a child at least 17 [16] years of age:
141	141	(A) advise the child of the child's right to
142	142	request the court to authorize the child to consent to the child's
143	143	own medical care under Section 266.010; and
144	144	(B) ascertain whether the child has received the
145	145	following documents:
146	146	(i) a certified copy of the child's birth
147	147	certificate;
148	148	(ii) a social security card or a
149	149	replacement social security card;
150	150	(iii) a driver's license or personal
151	151	identification certificate under Chapter 521, Transportation Code;
152	152	and
153	153	(iv) any other personal document the
154	154	Department of Family and Protective Services or a single source
155	155	continuum contractor determines appropriate; and
156	156	(4) for a child at least 13 years of age, ascertain
157	157	whether the child has received a personal identification
158	158	certificate under Chapter 521, Transportation Code [seek to elicit
159	159	in a developmentally appropriate manner the name of any adult,
160	160	particularly an adult residing in the child's community, who could
161	161	be a relative or designated caregiver for the child and immediately
162	162	provide the names of those individuals to the Department of Family
163	163	and Protective Services].
164	164	SECTION 3. Sections 107.004(d-1), (d-2), and (d-3), Family
165	165	Code, are amended to read as follows:
166	166	(d-1) A meeting required by Subsection (d) must take place:
167	167	(1) at least 72 hours [a sufficient time] before the
168	168	hearing to allow the attorney ad litem to prepare for the hearing in
169	169	accordance with the child's expressed objectives of
170	170	representation; and
171	171	(2) in a private setting that allows for confidential
172	172	communications between the attorney ad litem and the child or
173	173	individual with whom the child ordinarily resides, as applicable.
174	174	(d-2) An attorney ad litem appointed to represent a child in
175	175	the managing conservatorship of the Department of Family and
176	176	Protective Services or a child who is the subject of a proceeding
177	177	under Chapter 264 shall, at least 72 hours before each scheduled
178	178	hearing under Chapter 263 or 264, determine whether the child's
179	179	educational needs and goals have been identified and addressed.
180	180	(d-3) An attorney ad litem appointed to represent a child in
181	181	the managing conservatorship of the Department of Family and
182	182	Protective Services or a child who is the subject of a proceeding
183	183	under Chapter 264 shall, at least once each month, [periodically
184	184	continue to] review the child's safety and well-being, including
185	185	any effects of trauma to the child, and take appropriate action,
186	186	including requesting a review hearing when necessary to address an
187	187	issue of concern.
188	188	SECTION 4. Section 107.008, Family Code, is amended to read
189	189	as follows:
190	190	Sec. 107.008. SUBSTITUTED JUDGMENT OF ATTORNEY FOR CHILD.
191	191	(a) An attorney ad litem appointed to represent a child or an
192	192	attorney appointed in the dual role may determine that the child
193	193	cannot meaningfully formulate the child's objectives of
194	194	representation in a case because the child has an intellectual or
195	195	developmental disability that causes the child to be incapable of:
196	196	(1) forming [lacks sufficient maturity to understand
197	197	and form] an attorney-client relationship with the attorney;
198	198	(2) making reasonable judgments [despite appropriate
199	199	legal counseling, continues to express objectives of
200	200	representation that would be seriously injurious to the child]; or
201	201	(3) [for any other reason is incapable of making
202	202	reasonable judgments and] engaging in meaningful communication.
203	203	(b) An attorney ad litem or an attorney appointed in the
204	204	dual role who determines that the child because of medical or
205	205	developmental reasons cannot meaningfully formulate the child's
206	206	expressed objectives of representation may present to the court a
207	207	position that the attorney determines will serve the best interests
208	208	of the child.
209	209	(c) If a guardian ad litem has been appointed for the child
210	210	in a suit filed by a governmental entity requesting termination of
211	211	the parent-child relationship or appointment of the entity as
212	212	conservator of the child, an attorney ad litem who determines that
213	213	the child cannot meaningfully formulate the child's expressed
214	214	objectives of representation:
215	215	(1) shall consult with the guardian ad litem and[,
216	216	without being bound by the guardian ad litem's opinion or
217	217	recommendation,] ensure that the guardian ad litem's opinion and
218	218	basis for any recommendation regarding the best interests of the
219	219	child are presented to the court; and
220	220	(2) may present to the court a position that the
221	221	attorney determines will serve the best interests of the child.
222	222	SECTION 5. Section 107.011(a), Family Code, is amended to
223	223	read as follows:
224	224	(a) Except as otherwise provided by this subchapter, in a
225	225	suit filed by a governmental entity seeking termination of the
226	226	parent-child relationship or the appointment of a conservator for a
227	227	child, the court shall appoint a guardian ad litem to represent the
228	228	best interests of the child immediately after the filing of the
229	229	petition but not later than 72 hours before the full adversary
230	230	hearing.
231	231	SECTION 6. Section 107.012, Family Code, is amended to read
232	232	as follows:
233	233	Sec. 107.012. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM
234	234	FOR CHILD. In a suit filed by a governmental entity requesting
235	235	termination of the parent-child relationship or to be named
236	236	conservator of a child, the court shall appoint an attorney ad litem
237	237	to represent the interests of the child immediately after the
238	238	filing, but not later than 72 hours before the full adversary
239	239	hearing, to ensure adequate representation of the child.
240	240	SECTION 7. Section 107.0131(a), Family Code, is amended to
241	241	read as follows:
242	242	(a) An attorney ad litem appointed under Section 107.013 to
243	243	represent the interests of a parent:
244	244	(1) shall:
245	245	(A) subject to Rules 4.02, 4.03, and 4.04, Texas
246	246	Disciplinary Rules of Professional Conduct, and not later than the
247	247	seventh business day [within a reasonable time] after the date of
248	248	the appointment, interview:
249	249	(i) the parent, unless the parent's
250	250	location is unknown;
251	251	(ii) each person who has significant
252	252	knowledge of the case; and
253	253	(iii) the parties to the suit;
254	254	(B) investigate the facts of the case;
255	255	(C) to ensure competent representation at
256	256	hearings, mediations, pretrial matters, and the trial on the
257	257	merits:
258	258	(i) obtain and review copies of all court
259	259	files in the suit during the attorney ad litem's course of
260	260	representation; and
261	261	(ii) when necessary, conduct formal
262	262	discovery under the Texas Rules of Civil Procedure or the discovery
263	263	control plan;
264	264	(D) take any action consistent with the parent's
265	265	interests that the attorney ad litem considers necessary to
266	266	expedite the proceedings;
267	267	(E) encourage settlement and the use of
268	268	alternative forms of dispute resolution;
269	269	(F) review and sign, or decline to sign, a
270	270	proposed or agreed order affecting the parent;
271	271	(G) meet with the parent at least 72 hours before
272	272	each court hearing [with the parent], unless the court:
273	273	(i) finds at that hearing that the attorney
274	274	ad litem has shown good cause why the attorney ad litem's compliance
275	275	is not feasible; or
276	276	(ii) on a showing of good cause, authorizes
277	277	the attorney ad litem to comply by conferring with the parent, as
278	278	appropriate, by telephone or video conference;
279	279	(H) abide by the parent's objectives for
280	280	representation;
281	281	(I) become familiar with the American Bar
282	282	Association's standards of practice for attorneys who represent
283	283	parents in abuse and neglect cases; and
284	284	(J) complete at least three hours of continuing
285	285	legal education relating to representing parents in child
286	286	protection cases as described by Subsection (b) as soon as
287	287	practicable after the attorney ad litem is appointed, unless the
288	288	court finds that the attorney ad litem has experience equivalent to
289	289	that education; and
290	290	(2) is entitled to:
291	291	(A) request clarification from the court if the
292	292	role of the attorney ad litem is ambiguous;
293	293	(B) request a hearing or trial on the merits;
294	294	(C) consent or refuse to consent to an interview
295	295	of the parent by another attorney;
296	296	(D) receive a copy of each pleading or other
297	297	paper filed with the court;
298	298	(E) receive notice of each hearing in the suit;
299	299	(F) participate in any case staffing conducted by
300	300	the Department of Family and Protective Services in which the
301	301	parent is invited to participate, including, as appropriate, a case
302	302	staffing to develop a family plan of service, a family group
303	303	conference, a permanency conference, a mediation, a case staffing
304	304	to plan for the discharge and return of the child to the parent, a
305	305	case staffing related to a placement in a residential treatment
306	306	center or qualified residential treatment program, and any other
307	307	case staffing that the department determines would be appropriate
308	308	for the parent to attend, but excluding any internal department
309	309	staffing or staffing between the department and the department's
310	310	legal representative; and
311	311	(G) attend all legal proceedings in the suit.
312	312	SECTION 8. The changes in law made by this Act apply only to
313	313	a suit affecting the parent-child relationship filed on or after
314	314	the effective date of this Act. A suit affecting the parent-child
315	315	relationship filed before that date is governed by the law in effect
316	316	on the date the suit was filed, and that law is continued in effect
317	317	for that purpose.
318	318	SECTION 9. This Act takes effect September 1, 2025.