bill requires lawyers in every government child-welfare suit

The text as introduced · 1,487 words

89R13573 AMF-D

By: Moody
H.B. No. 4890

A BILL TO BE ENTITLED

AN ACT

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.

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

SECTION 1. 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 under Subtitle

E [ 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 before the full adversary hearing, to ensure

adequate representation of the child.

SECTION 2. Section 107.013(a), Family Code, is amended to

read as follows:

(a) In a suit filed by a governmental entity under Subtitle

E [ in which termination of the parent-child relationship or the

appointment of a conservator for a child is requested ], the court

shall appoint an attorney ad litem to represent the interests of:

(1) an indigent parent of the child who responds in

opposition to the termination or appointment;

(2) a parent served by citation by publication;

(3) an alleged father who failed to register with the

registry under Chapter 160 and whose identity or location is

unknown; and

(4) an alleged father who registered with the

paternity registry under Chapter 160, but the petitioner's attempt

to personally serve citation at the address provided to the

registry and at any other address for the alleged father known by

the petitioner has been unsuccessful.

SECTION 3. Section 107.015, Family Code, is amended by

amending Subsection (c) and adding Subsections (e) and (f) to read

as follows:

(c) If indigency of the parents is shown, an attorney ad

litem appointed to represent a child or parent in a suit filed by a

governmental entity under Subtitle E who is not an employee of an

office of child representation, office of parent representation, or

other entity that uses public money to provide legal representation

to children or parents in a suit filed by a governmental entity

under Subtitle E shall be paid from the general funds of the county

according to the fee schedule adopted under Section 107.0155 [ that

applies to an attorney appointed to represent a child in a suit

under Title 3 as provided by Chapter 51 ]. The court may not award

attorney ad litem fees under this chapter against the state, a state

agency, or a political subdivision of the state except as provided

by this subsection.

(e) A court may remove a person from the list maintained by

the court of persons qualified for appointment as attorney or

guardian ad litem if, after notice and a hearing, the court

determines the person submitted a voucher or claim for payment

under Subsection (d) for services the person did not perform.

(f) A person whose voucher or claim for payment under

Subsection (d) was denied or modified by the court or has not been

approved by the court by the 60th day after the date the voucher or

claim for payment was submitted may file a petition addressed to the

presiding judge of the administrative judicial region to compel

payment or to appeal the denial or modification of the payment. The

presiding judge of the administrative judicial region shall review

the petition for payment filed under this section, determine the

amount due to the petitioner, and order the commissioners court to

pay that amount not later than the 45th day after the date a

petition is filed under this subsection. The presiding judge of the

administrative judicial region may hold a hearing in a proceeding

described by this subsection.

SECTION 4. Part 1, Subchapter B, Chapter 107, Family Code,

is amended by adding Section 107.0155 to read as follows:

Sec. 107.0155. FEE SCHEDULE FOR CERTAIN ATTORNEYS AD LITEM.

(a) Each court in a county hearing suits filed by a governmental

entity under Subtitle E shall jointly develop, adopt, and submit to

the commissioners court of the county a fee schedule for the

compensation of an attorney ad litem described by Section

107.015(c) that includes:

(1) payments for:

(A) time spent in court making an appearance on

behalf of the parent or child in the case, including in an appellate

court; and

(B) reasonable and necessary time spent out of

court on the case, including in the preparation of an appeal; and

(2) reimbursement for reasonable and necessary

expenses.

(b) A fee schedule adopted under Subsection (a) must:

(1) describe with specificity services and expenses

eligible for payment or reimbursement;

(2) include an hourly or fixed payment rate based on:

(A) reasonable and necessary time spent on a

case;

(B) reasonable and necessary overhead costs

associated with a case; and

(C) the availability of qualified attorneys

willing to serve at the rate; and

(3) include a form for the itemization of services and

expenses for a claim for payment under Section 107.015(d).

SECTION 5. Section 107.252, Family Code, is amended to read

as follows:

Sec. 107.252. APPLICABILITY. This subchapter applies to a

suit filed by a governmental entity [ seeking termination of the

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

child ] in which appointment of an attorney is required under

Section 107.012 or 107.013.

SECTION 6. Section 107.254, Family Code, is amended to read

as follows:

Sec. 107.254. OFFICE OF CHILD REPRESENTATION. An office of

child representation is an entity that uses public money to provide

legal representation and services for a child in a suit filed by a

governmental entity [ seeking termination of the parent-child

relationship or the appointment of a conservator for the child ] in

which appointment is mandatory for a child under Section 107.012.

SECTION 7. Section 107.255, Family Code, is amended to read

as follows:

Sec. 107.255. OFFICE OF PARENT REPRESENTATION. An office

of parent representation is an entity that uses public money to

provide legal representation and services for a parent in a suit

filed by a governmental entity [ seeking termination of the

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

child ] in which appointment is mandatory for a parent under Section

107.013.

SECTION 8. Section 107.260(a), Family Code, is amended to

read as follows:

(a) If there is an office of child representation or office

of parent representation serving a county, a court in that county

shall appoint for a child or parent, as applicable, an attorney from

the office in a suit filed in the county by a governmental entity in

which appointment of an attorney is required under Section 107.012

or 107.013 [ seeking termination of the parent-child relationship or

the appointment of a conservator for the child ], unless there is a

conflict of interest or other reason to appoint a different

attorney from the list maintained by the court of attorneys

qualified for appointment under Section 107.012 or 107.013.

SECTION 9. Section 107.302(a), Family Code, is amended to

read as follows:

(a) A managed assigned counsel program may be operated with

public money for the purpose of appointing counsel to provide legal

representation and services for a child or parent in a suit filed by

a governmental entity [ seeking termination of the parent-child

relationship or the appointment of a conservator for the child ] in

which appointment is mandatory for a child under Section 107.012 or

for a parent under Section 107.013.

SECTION 10. Section 107.307(a), Family Code, is amended to

read as follows:

(a) The judge of a county served by a program shall make any

appointment required under Section 107.012 or 107.013 in a suit

filed in the county by a governmental entity [ seeking termination

of the parent-child relationship or the appointment of a

conservator for the child ] from the program's public appointment

list, unless there is a conflict of interest or other reason to

appoint a different attorney from the list maintained by the court

of attorneys qualified for appointment under Section 107.012 or

107.013.

SECTION 11. Sections 107.012, 107.013(a), 107.252,

107.254, 107.255, 107.260(a), 107.302(a), and 107.307(a), Family

Code, as amended by this Act, apply only to a suit affecting the

parent-child relationship filed by a governmental entity on or

after the effective date of this Act.

SECTION 12. (a) Not later than January 1, 2026, the courts

in each county hearing suits filed by a governmental entity under

Subtitle E, Title 5, Family Code, shall adopt the fee schedule

required by Section 107.0155, Family Code, as added by this Act.

(b) Section 107.015(c), Family Code, as amended by this Act,

and Section 107.0155, Family Code, as added by this Act, apply only

to an attorney ad litem appointed on or after January 1, 2026.

SECTION 13. This Act takes effect September 1, 2025.