The bill, S.B. No. 1838, aims to amend the Family Code regarding the appointment and compensation of attorneys ad litem in cases affecting the parent-child relationship initiated by governmental entities. It specifies that courts must appoint an attorney ad litem to represent certain parties, including indigent parents and alleged fathers, in such suits. The bill introduces new provisions for the compensation of these attorneys, stating that they are entitled to reasonable fees and expenses set by the court, which will be paid by the parents unless they are indigent. If the parents are indigent, attorneys not employed by public legal representation offices will be compensated from the county's general funds according to a newly established fee schedule.
Additionally, the bill establishes a new section, 107.0155, which mandates that courts in each county develop and adopt a fee schedule for attorneys ad litem by January 1, 2026. This schedule must detail eligible services and expenses, including time spent in court and necessary travel costs. The bill also includes provisions for the removal of attorneys from the qualified list if they submit false claims for payment and allows for appeals regarding denied or modified payment claims. The changes will take effect on September 1, 2025, and will apply only to attorneys appointed after January 1, 2026.
Statutes affected: Introduced: Family Code 107.015, Family Code 107.252, Family Code 107.254, Family Code 107.255, Family Code 107.013, Family Code 107.012, Family Code 107.307 (Family Code 107)
Senate Committee Report: Family Code 107.013, Family Code 107.015 (Family Code 107)
Engrossed: Family Code 107.013, Family Code 107.015 (Family Code 107)
House Committee Report: Family Code 107.013, Family Code 107.015 (Family Code 107)