bill guaranteeing lawyers for parents in state custody suits

The text as introduced · 937 words

90R507 AMF-F

By: Moody
H.B. No. 673

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 107.013(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 2. Section 107.015, Family Code, is amended by

amending Subsections (a) and (c) and adding Subsections (e) and (f)

to read as follows:

(a) An attorney appointed under this chapter or Subtitle E

to serve as an attorney ad litem for a child, an attorney in the dual

role, or an attorney ad litem for a parent is entitled to reasonable

fees and expenses in the amount set by the court to be paid by the

parents of the child unless the parents are indigent.

(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 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 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 3. 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 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, including:

(A) mileage and other case-related travel

expenses; and

(B) costs for expert witnesses.

(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 4. (a) Not later than January 1, 2028, the courts

in each county hearing suits filed by a governmental entity in which

appointment of an attorney ad litem is required under Chapter 107 or

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, 2028.

SECTION 5. This Act takes effect September 1, 2027.