By: J. Johnson of Harris, Leach, Neave H.B. No. 1315
        (Senate Sponsor - Powell)
         (In the Senate - Received from the House April 21, 2021;
  May 10, 2021, read first time and referred to Committee on Health &
  Human Services; May 24, 2021, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  May 24, 2021, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1315 By:  Perry
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the duration of an appointment of a guardian ad litem or
  an attorney ad litem for a child in the conservatorship of the
  Department of Family and Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 107.016, Family Code, is amended to read
  as follows:
         Sec. 107.016.  CONTINUED REPRESENTATION; DURATION OF
  APPOINTMENT.  In a suit filed by a governmental entity in which
  termination of the parent-child relationship or appointment of the
  entity as conservator of the child is requested:
               (1)  [an order appointing the Department of Family and
  Protective Services as the child's managing conservator may provide
  for the continuation of the appointment of the guardian ad litem for
  the child for any period during the time the child remains in the
  conservatorship of the department, as set by the court;
               [(2)]  an order appointing the Department of Family and
  Protective Services as the child's managing conservator:
                     (A)  shall [may] provide for the continuation of
  the appointment of the guardian ad litem or the attorney ad litem
  for the child, or an attorney appointed to serve in the dual role,
  as long as the child remains in the conservatorship of the
  department; and
                     (B)  may provide for the continuation of the
  appointment of both the attorney ad litem and the guardian ad litem
  for the child if both have been appointed, as long as the child
  remains in the conservatorship of the department; and
               (2) [(3)]  an attorney appointed under this subchapter
  to serve as an attorney ad litem for a parent or an alleged father
  continues to serve in that capacity until the earliest of:
                     (A)  the date the suit affecting the parent-child
  relationship is dismissed;
                     (B)  the date all appeals in relation to any final
  order terminating parental rights are exhausted or waived; or
                     (C)  the date the attorney is relieved of the
  attorney's duties or replaced by another attorney after a finding
  of good cause is rendered by the court on the record.
         SECTION 2.  The changes in law made by this Act apply to a
  suit affecting the parent-child relationship filed before, on, or
  after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2021.
 
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