By Greenbeg H.B. No. 1105
74R1697 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment of a guardian ad litem and an attorney
1-3 ad litem for a child in a suit to terminate the parent-child
1-4 relationship.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 11.10(a) and (d), Family Code, are
1-7 amended to read as follows:
1-8 (a) In any suit in which termination of the parent-child
1-9 relationship is sought, the court or a master shall appoint a
1-10 guardian ad litem to represent the interests of the child, unless
1-11 the child is a petitioner <or unless an attorney ad litem has been
1-12 appointed for the child> or unless the court or a master finds that
1-13 the interests of the child will be represented adequately by a
1-14 party to the suit and are not adverse to that party. In any other
1-15 suit under this subtitle, the court or a master may appoint a
1-16 guardian ad litem. The managing conservator may be appointed
1-17 guardian ad litem if he is not a parent of the child or a person
1-18 petitioning for adoption of the child and if he has no personal
1-19 interest in the suit.
1-20 If the judge or master of the court determines that the
1-21 parties or litigants are able to defray the costs of the ad litem's
1-22 compensation as determined by the reasonable and customary fees for
1-23 similar services in such county of jurisdiction, such costs may be
1-24 ordered paid by either or both parties, or the judge or master may
2-1 order either or both parties, prior to final hearing, to pay said
2-2 sums into the registry of the court or into an account authorized
2-3 by the court, for the use and benefit of the ad litem upon order of
2-4 the court.
2-5 (d) In any suit <brought by a governmental entity> seeking
2-6 termination of the parent-child relationship or a suit brought by a
2-7 governmental entity seeking to be named conservator of a child, the
2-8 court shall appoint an attorney ad litem to represent the interests
2-9 of the child as soon as practicable to insure adequate
2-10 representation of the child's interest. In any suit in which
2-11 termination of the parent-child relationship is sought, the court
2-12 shall appoint an attorney ad litem to represent the interests of
2-13 each indigent parent of the child who responds in opposition to the
2-14 termination. If both parents of the child are indigent and oppose
2-15 termination and the court finds that the interests of the parents
2-16 are not in conflict, the court may appoint a single attorney ad
2-17 litem to represent the interests of both parents.
2-18 SECTION 2. This Act takes effect September 1, 1995, and
2-19 applies to a suit affecting the parent-child relationship:
2-20 (1) pending on that date; or
2-21 (2) brought on or after that date.
2-22 SECTION 3. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.