S.B. No. 1838 amends the Family Code regarding the appointment and compensation of attorneys ad litem in cases affecting the parent-child relationship initiated by governmental entities. The bill specifies that courts must appoint an attorney ad litem to represent certain parties, including indigent parents opposing termination of parental rights and alleged fathers whose identities or locations are unknown. Additionally, it 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 and the attorney is not affiliated with a public entity providing legal representation, the attorney will be compensated from the county's general funds.

Furthermore, the bill establishes a new fee schedule for attorneys ad litem, which must be developed and adopted by the courts in each county by January 1, 2026. This schedule will outline the specific services and expenses eligible for payment, including time spent in court and necessary out-of-court preparation. It also allows for the removal of attorneys from the list of qualified individuals if they submit false claims for payment. The provisions of the bill 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)
Enrolled: Family Code 107.013, Family Code 107.015 (Family Code 107)