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AN ACT
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relating to the duration of an appointment of a guardian ad litem or |
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an attorney ad litem for a child in the conservatorship of the |
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Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 107.016, Family Code, is amended to read |
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as follows: |
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Sec. 107.016. CONTINUED REPRESENTATION; DURATION OF |
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APPOINTMENT. In a suit filed by a governmental entity in which |
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termination of the parent-child relationship or appointment of the |
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entity as conservator of the child is requested: |
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(1) [an order appointing the Department of Family and |
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Protective Services as the child's managing conservator may provide |
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for the continuation of the appointment of the guardian ad litem for |
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the child for any period during the time the child remains in the |
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conservatorship of the department, as set by the court; |
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[(2)] an order appointing the Department of Family and |
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Protective Services as the child's managing conservator: |
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(A) shall [may] provide for the continuation of |
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the appointment of the guardian ad litem or the attorney ad litem |
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for the child, or an attorney appointed to serve in the dual role, |
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as long as the child remains in the conservatorship of the |
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department; and |
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(B) may provide for the continuation of the |
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appointment of both the attorney ad litem and the guardian ad litem |
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for the child if both have been appointed, as long as the child |
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remains in the conservatorship of the department; and |
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(2) [(3)] an attorney appointed under this subchapter |
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to serve as an attorney ad litem for a parent or an alleged father |
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continues to serve in that capacity until the earliest of: |
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(A) the date the suit affecting the parent-child |
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relationship is dismissed; |
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(B) the date all appeals in relation to any final |
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order terminating parental rights are exhausted or waived; or |
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(C) the date the attorney is relieved of the |
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attorney's duties or replaced by another attorney after a finding |
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of good cause is rendered by the court on the record. |
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SECTION 2. The changes in law made by this Act apply to a |
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suit affecting the parent-child relationship filed before, on, or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1315 was passed by the House on April |
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21, 2021, by the following vote: Yeas 110, Nays 37, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1315 on May 28, 2021, by the following vote: Yeas 107, Nays 32, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1315 was passed by the Senate, with |
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amendments, on May 26, 2021, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |