Bill Summary – FastDemocracy

      
		By: Johnson 
            S.B. No. 2109
         
                   (In the Senate - Filed March 9, 2023; March 21, 2023, read 
         
            first time and referred to Committee on Jurisprudence; 
         
            April 4, 2023, reported favorably by the following vote:  Yeas 4, 
         
            Nays 0; April 4, 2023, sent to printer.)
Click here to see the committee vote

               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to the appointment of a guardian ad litem in certain suits 
         
            filed by the Department of Family and Protective Services.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Section 107.002(b-1), Family Code, is amended to 
         
            read as follows:
         
                   (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 or Section 264.203 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 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 determines appropriate; and
         
                         (4)  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 2.  Sections 107.031(a) and (b), Family Code, are 
         
            amended to read as follows:
         
                   (a)  A [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, the] court may appoint a 
         
            charitable organization composed of volunteer advocates whose 
         
            charter mandates the provision of services to allegedly abused and 
         
            neglected children or an individual who has received the court's 
         
            approved training regarding abused and neglected children and who 
         
            has been certified by the court to appear at court hearings as a 
         
            guardian ad litem for the child or as a volunteer advocate for the 
         
            child in:
         
                         (1)  a suit filed by a governmental entity requesting 
         
            termination of the parent-child relationship or appointment of the 
         
            entity as conservator of the child; or
         
                         (2)  a suit filed by a governmental entity under 
         
            Section 264.203.
         
                   (b)  In a suit other than a suit described by Subsection (a)
         
            [filed by a governmental entity requesting termination of the 
         
            parent-child relationship or appointment of the entity as 
         
            conservator of the child], the court may appoint a charitable 
         
            organization composed of volunteer advocates whose training 
         
            provides for the provision of services in private custody disputes 
         
            or a person who has received the court's approved training 
         
            regarding the subject matter of the suit and who has been certified 
         
            by the court to appear at court hearings as a guardian ad litem for 
         
            the child or as a volunteer advocate for the child. A person 
         
            appointed under this subsection is not entitled to fees under 
         
            Section 107.023.
         
                   SECTION 3.  Section 264.203, Family Code, is amended by 
         
            adding Subsections (g-1), (g-2), (g-3), and (g-4) to read as 
         
            follows:
         
                   (g-1)  The court may appoint a guardian ad litem to represent 
         
            the best interests of the child immediately after the filing of the 
         
            petition but before the hearing.  The guardian ad litem for the 
         
            child shall have the powers and duties of a guardian ad litem for a 
         
            child under Chapter 107.  The guardian ad litem appointed for the 
         
            child may be:
         
                         (1)  a charitable organization composed of volunteer 
         
            advocates or an individual volunteer advocate appointed under 
         
            Subchapter C;
         
Statutes affected: 
Introduced: Family Code 107.031, Family Code 264.203, Family Code 264.601, Family Code 264.602, Family Code 264.604, Family Code 264.606, Family Code 264.607 (Family Code 264, Family Code 107)
Senate Committee Report: Family Code 107.031, Family Code 264.203, Family Code 264.601, Family Code 264.602, Family Code 264.604, Family Code 264.606, Family Code 264.607 (Family Code 264, Family Code 107)



	By: Johnson	S.B. No. 2109
	(In the Senate - Filed March 9, 2023; March 21, 2023, read
	first time and referred to Committee on Jurisprudence;
	April 4, 2023, reported favorably by the following vote: Yeas 4,
	Nays 0; April 4, 2023, sent to printer.)
Click here to see the committee vote


	A BILL TO BE ENTITLED
	AN ACT

	relating to the appointment of a guardian ad litem in certain suits
	filed by the Department of Family and Protective Services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 107.002(b-1), Family Code, is amended to
	read as follows:
	(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 or Section 264.203 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 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 determines appropriate; and
	(4) 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 2. Sections 107.031(a) and (b), Family Code, are
	amended to read as follows:
	(a) A [~~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, the~~] court may appoint a
	charitable organization composed of volunteer advocates whose
	charter mandates the provision of services to allegedly abused and
	neglected children or an individual who has received the court's
	approved training regarding abused and neglected children and who
	has been certified by the court to appear at court hearings as a
	guardian ad litem for the child or as a volunteer advocate for the
	child in:
	(1) a suit filed by a governmental entity requesting
	termination of the parent-child relationship or appointment of the
	entity as conservator of the child; or
	(2) a suit filed by a governmental entity under
	Section 264.203.
	(b) In a suit other than a suit described by Subsection (a)
	[~~filed by a governmental entity requesting termination of the~~
	~~parent-child relationship or appointment of the entity as~~
	~~conservator of the child~~], the court may appoint a charitable
	organization composed of volunteer advocates whose training
	provides for the provision of services in private custody disputes
	or a person who has received the court's approved training
	regarding the subject matter of the suit and who has been certified
	by the court to appear at court hearings as a guardian ad litem for
	the child or as a volunteer advocate for the child. A person
	appointed under this subsection is not entitled to fees under
	Section 107.023.
	SECTION 3. Section 264.203, Family Code, is amended by
	adding Subsections (g-1), (g-2), (g-3), and (g-4) to read as
	follows:
	(g-1) The court may appoint a guardian ad litem to represent
	the best interests of the child immediately after the filing of the
	petition but before the hearing. The guardian ad litem for the
	child shall have the powers and duties of a guardian ad litem for a
	child under Chapter 107. The guardian ad litem appointed for the
	child may be:
	(1) a charitable organization composed of volunteer
	advocates or an individual volunteer advocate appointed under
	Subchapter C;
	Statutes affected: Introduced: Family Code 107.031, Family Code 264.203, Family Code 264.601, Family Code 264.602, Family Code 264.604, Family Code 264.606, Family Code 264.607 (Family Code 264, Family Code 107) Senate Committee Report: Family Code 107.031, Family Code 264.203, Family Code 264.601, Family Code 264.602, Family Code 264.604, Family Code 264.606, Family Code 264.607 (Family Code 264, Family Code 107)