bill setting hard deadlines for guardians ad litem

The text as introduced · 2,525 words

89R13598 DNC-F

By: Campos
H.B. No. 3382

A BILL TO BE ENTITLED

AN ACT

relating to the duties of court-appointed guardians ad litem,

attorneys ad litem, and amicus attorneys in certain suits affecting

the parent-child relationship.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 107.002(b), (b-1), and (i), Family

Code, are amended to read as follows:

(b) A guardian ad litem appointed for the child under this

chapter shall:

(1) not later than the seventh business day [ within a

reasonable time ] after the date of the appointment, interview:

(A) the child in a developmentally appropriate

manner, if the child is three [ four ] years of age or older;

(B) the child's caregiver or the administrator of

the licensed child-placing agency that placed the child [ each

person who has significant knowledge of the child's history and

condition, including educators, child welfare service providers,

and any foster parent of the child ]; and

(C) the parties to the suit;

(2) not later than the 15th business day after the date

of the appointment, interview each person who has significant

knowledge of the child's history and condition, including

educators, child welfare service providers, and any foster parent

of the child;

(3) seek to elicit in a developmentally appropriate

manner the child's:

(A) expressed objectives; and

(B) opinion of and concerns regarding the child's

current or proposed placement;

(4) [ (3) ] consider the child's expressed objectives

without being bound by those objectives;

(5) [ (4) ] encourage settlement and the use of

alternative forms of dispute resolution; and

(6) [ (5) ] perform any specific task directed by the

court.

(b-1) In addition to the duties required by Subsection (b),

a guardian ad litem appointed for a child in a proceeding under

Chapter 262 or 263 shall:

(1) review the medical care provided to the child;

(2) in a developmentally appropriate manner, seek to

elicit the child's opinion on the medical care provided;

(3) for a child at least 17 [ 16 ] years of age,

ascertain whether the child has received the following documents:

(A) a certified copy of the child's birth

certificate;

(B) a social security card or a replacement

social security card;

(C) a driver's license or personal

identification certificate under Chapter 521, Transportation Code;

and

(D) any other personal document the Department of

Family and Protective Services or single source continuum

contractor determines appropriate; and

(4) for a child at least 13 years of age, ascertain

whether the child has received a personal identification

certificate under Chapter 521, Transportation Code [ seek to elicit

in a developmentally appropriate manner the name of any adult,

particularly an adult residing in the child's community, who could

be a relative or designated caregiver for the child and immediately

provide the names of those individuals to the Department of Family

and Protective Services ].

(i) A guardian ad litem appointed to represent a child in

the managing conservatorship of the Department of Family and

Protective Services shall, at least 72 hours before each scheduled

hearing under Chapter 263, determine whether the child's

educational needs and goals have been identified and addressed.

SECTION 2. Section 107.003, Family Code, is amended to read

as follows:

Sec. 107.003. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR

CHILD AND AMICUS ATTORNEY. (a) An attorney ad litem appointed to

represent a child or an amicus attorney appointed to assist the

court:

(1) shall:

(A) subject to Rules 4.02, 4.03, and 4.04, Texas

Disciplinary Rules of Professional Conduct, and not later than the

seventh business day [ within a reasonable time ] after the date of

the appointment, interview:

(i) the child in a developmentally

appropriate manner, if the child is three [ four ] years of age or

older;

(ii) the child's caregiver or the

administrator of the licensed child-placing agency that placed the

child [ each person who has significant knowledge of the child's

history and condition, including any foster parent of the child ];

and

(iii) the parties to the suit;

(B) not later than the 15th business day after

the date of the appointment, interview each person who has

significant knowledge of the child's history and condition,

including educators, child welfare service providers, and any

foster parent of the child;

(C) seek to elicit in a developmentally

appropriate manner the child's expressed objectives of

representation;

(D) [ (C) ] consider the impact on the child in

formulating the attorney's presentation of the child's expressed

objectives of representation to the court;

(E) [ (D) ] investigate the facts of the case to

the extent the attorney considers appropriate;

(F) [ (E) ] obtain and review copies of relevant

records relating to the child as provided by Section 107.006;

(G) [ (F) ] participate in the conduct of the

litigation to the same extent as an attorney for a party;

(H) [ (G) ] take any action consistent with the

child's interests that the attorney considers necessary to expedite

the proceedings;

(I) [ (H) ] encourage settlement and the use of

alternative forms of dispute resolution; and

(J) [ (I) ] review and sign, or decline to sign, a

proposed or agreed order affecting the child;

(2) must be trained in child advocacy or have

experience determined by the court to be equivalent to that

training; and

(3) is entitled to:

(A) request clarification from the court if the

role of the attorney is ambiguous;

(B) request a hearing or trial on the merits;

(C) consent or refuse to consent to an interview

of the child by another attorney;

(D) receive a copy of each pleading or other

paper filed with the court;

(E) receive notice of each hearing in the suit;

(F) participate in any case staffing concerning

the child conducted by the Department of Family and Protective

Services or a single source continuum contractor ; and

(G) attend all legal proceedings in the suit.

(b) In addition to the duties required by Subsection (a), an

attorney ad litem appointed for a child in a proceeding under

Chapter 262, 263, or 264 shall:

(1) review the medical care provided to the child;

(2) in a developmentally appropriate manner, seek to

elicit the child's opinion on the medical care provided;

(3) for a child at least 17 [ 16 ] years of age:

(A) advise the child of the child's right to

request the court to authorize the child to consent to the child's

own medical care under Section 266.010; and

(B) ascertain whether the child has received the

following documents:

(i) a certified copy of the child's birth

certificate;

(ii) a social security card or a

replacement social security card;

(iii) a driver's license or personal

identification certificate under Chapter 521, Transportation Code;

and

(iv) any other personal document the

Department of Family and Protective Services or a single source

continuum contractor determines appropriate; and

(4) for a child at least 13 years of age, ascertain

whether the child has received a personal identification

certificate under Chapter 521, Transportation Code [ seek to elicit

in a developmentally appropriate manner the name of any adult,

particularly an adult residing in the child's community, who could

be a relative or designated caregiver for the child and immediately

provide the names of those individuals to the Department of Family

and Protective Services ].

SECTION 3. Sections 107.004(d-1), (d-2), and (d-3), Family

Code, are amended to read as follows:

(d-1) A meeting required by Subsection (d) must take place:

(1) at least 72 hours [ a sufficient time ] before the

hearing to allow the attorney ad litem to prepare for the hearing in

accordance with the child's expressed objectives of

representation; and

(2) in a private setting that allows for confidential

communications between the attorney ad litem and the child or

individual with whom the child ordinarily resides, as applicable.

(d-2) An attorney ad litem appointed to represent a child in

the managing conservatorship of the Department of Family and

Protective Services or a child who is the subject of a proceeding

under Chapter 264 shall, at least 72 hours before each scheduled

hearing under Chapter 263 or 264, determine whether the child's

educational needs and goals have been identified and addressed.

(d-3) An attorney ad litem appointed to represent a child in

the managing conservatorship of the Department of Family and

Protective Services or a child who is the subject of a proceeding

under Chapter 264 shall , at least once each month, [ periodically

continue to ] review the child's safety and well-being, including

any effects of trauma to the child, and take appropriate action,

including requesting a review hearing when necessary to address an

issue of concern.

SECTION 4. Section 107.008, Family Code, is amended to read

as follows:

Sec. 107.008. SUBSTITUTED JUDGMENT OF ATTORNEY FOR CHILD.

(a) An attorney ad litem appointed to represent a child or an

attorney appointed in the dual role may determine that the child

cannot meaningfully formulate the child's objectives of

representation in a case because the child has an intellectual or

developmental disability that causes the child to be incapable of :

(1) forming [ lacks sufficient maturity to understand

and form ] an attorney-client relationship with the attorney;

(2) making reasonable judgments [ despite appropriate

legal counseling, continues to express objectives of

representation that would be seriously injurious to the child ]; or

(3) [ for any other reason is incapable of making

reasonable judgments and ] engaging in meaningful communication.

(b) An attorney ad litem or an attorney appointed in the

dual role who determines that the child because of medical or

developmental reasons cannot meaningfully formulate the child's

expressed objectives of representation may present to the court a

position that the attorney determines will serve the best interests

of the child.

(c) If a guardian ad litem has been appointed for the child

in a suit filed by a governmental entity requesting termination of

the parent-child relationship or appointment of the entity as

conservator of the child, an attorney ad litem who determines that

the child cannot meaningfully formulate the child's expressed

objectives of representation:

(1) shall consult with the guardian ad litem and[ ,

without being bound by the guardian ad litem's opinion or

recommendation, ] ensure that the guardian ad litem's opinion and

basis for any recommendation regarding the best interests of the

child are presented to the court; and

(2) may present to the court a position that the

attorney determines will serve the best interests of the child.

SECTION 5. Section 107.011(a), Family Code, is amended to

read as follows:

(a) Except as otherwise provided by this subchapter, in a

suit filed by a governmental entity seeking termination of the

parent-child relationship or the appointment of a conservator for a

child, the court shall appoint a guardian ad litem to represent the

best interests of the child immediately after the filing of the

petition but not later than 72 hours before the full adversary

hearing.

SECTION 6. Section 107.012, Family Code, is amended to read

as follows:

Sec. 107.012. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM

FOR CHILD. In a suit filed by a governmental entity requesting

termination of the parent-child relationship or to be named

conservator of a child, the court shall appoint an attorney ad litem

to represent the interests of the child immediately after the

filing, but not later than 72 hours before the full adversary

hearing, to ensure adequate representation of the child.

SECTION 7. Section 107.0131(a), Family Code, is amended to

read as follows:

(a) An attorney ad litem appointed under Section 107.013 to

represent the interests of a parent:

(1) shall:

(A) subject to Rules 4.02, 4.03, and 4.04, Texas

Disciplinary Rules of Professional Conduct, and not later than the

seventh business day [ within a reasonable time ] after the date of

the appointment, interview:

(i) the parent, unless the parent's

location is unknown;

(ii) each person who has significant

knowledge of the case; and

(iii) the parties to the suit;

(B) investigate the facts of the case;

(C) to ensure competent representation at

hearings, mediations, pretrial matters, and the trial on the

merits:

(i) obtain and review copies of all court

files in the suit during the attorney ad litem's course of

representation; and

(ii) when necessary, conduct formal

discovery under the Texas Rules of Civil Procedure or the discovery

control plan;

(D) take any action consistent with the parent's

interests that the attorney ad litem considers necessary to

expedite the proceedings;

(E) encourage settlement and the use of

alternative forms of dispute resolution;

(F) review and sign, or decline to sign, a

proposed or agreed order affecting the parent;

(G) meet with the parent at least 72 hours before

each court hearing [ with the parent ], unless the court:

(i) finds at that hearing that the attorney

ad litem has shown good cause why the attorney ad litem's compliance

is not feasible; or

(ii) on a showing of good cause, authorizes

the attorney ad litem to comply by conferring with the parent, as

appropriate, by telephone or video conference;

(H) abide by the parent's objectives for

representation;

(I) become familiar with the American Bar

Association's standards of practice for attorneys who represent

parents in abuse and neglect cases; and

(J) complete at least three hours of continuing

legal education relating to representing parents in child

protection cases as described by Subsection (b) as soon as

practicable after the attorney ad litem is appointed, unless the

court finds that the attorney ad litem has experience equivalent to

that education; and

(2) is entitled to:

(A) request clarification from the court if the

role of the attorney ad litem is ambiguous;

(B) request a hearing or trial on the merits;

(C) consent or refuse to consent to an interview

of the parent by another attorney;

(D) receive a copy of each pleading or other

paper filed with the court;

(E) receive notice of each hearing in the suit;

(F) participate in any case staffing conducted by

the Department of Family and Protective Services in which the

parent is invited to participate, including, as appropriate, a case

staffing to develop a family plan of service, a family group

conference, a permanency conference, a mediation, a case staffing

to plan for the discharge and return of the child to the parent, a

case staffing related to a placement in a residential treatment

center or qualified residential treatment program, and any other

case staffing that the department determines would be appropriate

for the parent to attend, but excluding any internal department

staffing or staffing between the department and the department's

legal representative; and

(G) attend all legal proceedings in the suit.

SECTION 8. The changes in law made by this Act apply only to

a suit affecting the parent-child relationship filed on or after

the effective date of this Act. A suit affecting the parent-child

relationship filed before that date is governed by the law in effect

on the date the suit was filed, and that law is continued in effect

for that purpose.

SECTION 9. This Act takes effect September 1, 2025.