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A BILL TO BE ENTITLED
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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 shall [may] |
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provide for the continuation of the appointment of the guardian ad |
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litem or attorney ad litem for the child, or an attorney appointed |
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to serve in the dual role, as long as the child remains in the |
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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. |