Texas House Bill HB4890

Texas 2025 - 89th Regular

• Filed: 3/13/25

Caption

Relating to the appointment of attorneys ad litem and the compensation of certain attorneys ad litem in suits affecting the parent-child relationship filed by a governmental entity.

Impact

The enactment of HB 4890 is poised to enhance the legal framework surrounding children's rights and representation in Texas. By mandating the appointment of legal counsel at the outset of such suits, the bill seeks to safeguard the interests of vulnerable children and ensure that their rights are diligently defended. Furthermore, it establishes a formalized fee schedule for compensating attorneys ad litem, addressing concerns over the financial burdens placed on counties and creating a structured approach to legal representation in these sensitive cases.

Summary

House Bill 4890 proposes amendments to the Family Code specifically regarding the appointment and compensation of attorneys ad litem in cases involving the parent-child relationship initiated by governmental entities. The bill provides a clear directive that attorneys must be appointed immediately after the initiation of a suit, ensuring timely representation for children involved in such legal proceedings. Additionally, it outlines the requirements for the appointment of attorneys for indigent parents who oppose the termination of their parental rights or conservatorship applications.

Contention

Debate over the bill may arise primarily over the implications of mandated appointments and the funding for such legal services. Some may contend that the requirement for immediate representation could strain public resources, particularly in counties that may struggle to accommodate the logistical and financial demands of the fee schedules prescribed by the bill. Conversely, proponents argue that failing to provide adequate representation jeopardizes children's welfare and negates the state's responsibility to protect their interests in legal matters initiated by governmental bodies.

Texas Constitutional Statutes Affected

Family Code

• Chapter 107. Special Appointments, Child Custody Evaluations, And Adoption Evaluations
  • Section: 012
  • Section: 013
  • Section: 015
  • Section: New Section
  • Section: 252
  • Section: 254
  • Section: 255
  • Section: 260
  • Section: 302
  • Section: 307